
Qass JlK^g^J.. 



I 



AN 



ELEMENTARY TREATISE 



STRUCTURE AND OPERATIONS 



NATIONi^L AND STATE GOVERNMENTS 



UNITED STATES. 



DESIONED FOR THE USE OF SCHOOLS AND ACAJDIMIKS AND FOB 
OEiSKRAL READERS. 



£^ CHARLES MASON, A M., 



COUNBE-LLOR AT I-XW, 



By Govemicent, [in framing our institutions] we understood the concentra- 
tion of the pcwer of the whole community to E^jta^fa*fc**i4ht8 of each and 
all its members, ..^^^^~ c\ — >h _, -"^^Ihannxno. 




XK 



Z, -2- I 

M3 2> 



Entered, according to Act of Congress, in the year 1S42, by 

Chakles Mason, 

in the Clerk's Office of the District Court of the District of Massachusetts. 



BOSTON: 

PSrifTSD BY S. N. DICKINSON, 

WASBINGTON STREET. 



PREFACE. 



The design of this work is, to exhibit a summary account of the 
forms, and modes of administration, of our National and State 
Governments. Avoiding all general disquisition, it aims to give 
a concise, yet clear and exact statement of the actual construction 
of our political and civil institutions, in all their various branches, 
and of the processes and means by which they are, in fact, con- 
ducted and sustained. Its essentia! object is, to furnish information 
upon matters relating to government and civil polity, vi'ith which 
every j^erson, considered as a citizen, living under a free government, 
ought to have, at least, some general acquaintance. It is intended 
to present, within a reasonable compass, the means of acquiring a 
knowledge of these subjects, adequate for common purposes. Of 
this species of information, the community in general, it is sup- 
posed, are but imperfectly possessed ; — and that because compara- 
tively few have, at once, access to the sources from which it may 
be obtained, and leisure to search it out. 

As a school book, the work is intended to be used as a text-book 
by students in academies, and by the highest classes in common 
schools. For this purpose it may be thought by some, that Ques- 
tions should have been appended to the work. They have been 
omitted, however, from the belief that the use of them, at least by 
more advanced scholars, is productive of more harm than benefit. 
Their tendency is to lead the student to seek for the answers to 
particular questions, to the neglect, too often, of the general drift 



and meaning of the author. The aim in studying a book should 
be, not to accumulate individual, disconnected facts, but to obtain 
an accurate understanding and knowledge of the subjects of which 
it treats. And, it is submitted, the only way in which this latter 
purpose can be effectually accomplished, is, by a thorough and care- 
ful reading and study of the whole text, connectedly . 

As a book for general readers, it is hoped this work may be found 
instructive and interesting to those who have a desire to look into 
the structure and practical workings of our institutions. Some 
knowledge of this kind, more than is easily and generally accessi- 
ble, is believed to be necessary to enable people to read, with satis- 
faction and advantage, the accounts furnished by the newspapers, 
relative to the proceedings of the government in its different de- 
partments, and to discuss understandingly the policy of its meas- 
ures. It has been the design to render the work as full and com- 
plete as the limits would permit, for purposes of consultation and 
reference, upon the topics discussed. 

The Statistical Tables imbody, within a small compass, a large 
amount of matter, which, it is thought, may interest some ; and 
they may frequently be convenient to refer to for facts and infor- 
mation. The Index is sufficiently copious to enable persons to find, 
easily and expeditiously, anything that may be desired, which is 
contained in the book. C. M, 

November, 1842. 



CONTENTS 



\^ Preface, 3 

CHAPTER I. 
The different kinds of Government, • ... 11 

CHAPTER II. 

.^^ The Nature of Popular Governments, 13 

CHAPTER III. 
The American Colonial Governments, .... 15 

CHAPTER IV. 
The Continental Congress and the Confederation, . . 18 

CHAPTER V. 
The Constitution of the United States, .... 21 

CHAPTER VI. 

The National and State Governments, . ... 24 

CHAPTER VII. 
The Legislative Department, 27 

CHAPTER VIII. 
Proceedings in Committees, 30 

1* 



VI CONTENTS. 

CHAPTER IX. 

Order of Business and Debate, 33 

CHAPTER X. 
l_ The Enactment of Laws, 36 

CHAPTER XL 
The Executive Department, 41 

CHAPTER XIL 
The Judicial Department, ....... 44 

CHAPTER XIII. 
The Organization of Courts, 47 

CHAPTER XIV. 
The Constitution of Juries, 51 

CHAPTER XV. 
Proceedings in Civil Actions, 54 

CHAPTER XVI. 
Trial of Civil Actions, 58 

CHAPTER XVIL 
Proceedings in Criminal Cases, 62 

CHAPTER XVIIL 
Indictment and Arraignment of Criminals, . . . .66 

CHAPTER XIX. 
The Trial in Criminal Cases, 70 

CHAPTER XX. 
Impeachments, "74 



CONTENTS. Vll 

CHAPTER XXL 
Congress, . . 76 

CHAPTER XXII. 
Meetings and Privileges of Congress, 80 

CHAPTER XXIII. 
Rules and Proceedings of Congress, 84 

CHAPTER XXIV. 
Powers of Congress, 89 

CHAPTER XXV. 
The National Judiciary, 94 

CHAPTER XXVI. 
Courts of the United States, 97 

CHAPTER XXVIL 

Choice of President and Vice President, .... 101 

CHAPTER XXVIII. 
Powers and Duties of the President, .... 107 

CHAPTER XXIX. 
The Executive Departments, 110 

CHAPTER XXX. 
The Department of State, 112 

CHAPTER XXXI. 
The Treasury Department, - 115 

CHAPTER XXXII. 

The Departments of War and of the Navy, . . : 120 



VIU CONTENTS. 

CHAPTER XXXIII. 

The Army of the United States, 124 

CHAPTER XXXIV. 
The Navy and Marines, 128 

CHAPTER XXXV. 
The Post Office Department, 132 

CHAPTER XXXVI. 
Postmasters, 136 

CHAPTER XXXVII. 
Rates of Postage and Franking, 140 

CHAPTER XXXVIII. 
Patents and Cop3n:ights, ....... 144 

CHAPTER XXXIX. 
New States and Territories, 149 

CHAPTER XL. 
The General and Subordinate Land Offices, . . . 154 

CHAPTER XLL 
The Public Lands, 157 

CHAPTER XLIL 
Foreign Ministers and Consuls, 160 

CHAPTER XLIIL 
International Relations, 163 

CHAPTER XLIV. 
Aliens and Naturalization, 166 



CONTENTS. XX 

CHAPTER XLV. 
The Slave Trade, 169 

CHAPTER XL VI. 
Slavery in the United States, 172 

CHAPTER XLVIL 
Bankruptcy, 175 

CHAPTER XLVin. 
Navigation, 179 

CHAPTER XLIX. 
The Shipment and Landing of Goods, .... 183 

CHAPTER L. 
Officers of the Revenue, ' 188 

CHAPTER LL 

Revenue of the United States, 191 

CHAPTER LU. 
The Mint and Money, 197 

CHAPTER Lin. 
Corporations, 200 



STATISTICAL TABLES. 

I. State Constitutions, and Electors, . . . 205 

II. Legislatures of States and Territories, . . . 206 

III. Elections, and Legislative Sessions, . . . 207 



X CONTENTS. 

IV. Governors of States and Territories, . , . 208 

V. Judges of the Highest Courts, .... 209 

VI. Apportionment of Representatives, .... 210 

VII. Ratios, and Fractions, 211 

VIII. Sessions of Congress, 212 

IX. Salaries of Executive Officers, .... 214 

X. Army of the United States, 216 

XL Officers of the Navy, and Marines, . . . 217 

XII. Circuit and District Courts, . . . - . . 218 

XIII. Post Office Establishment, . . . . . 219 

XIV. Revenue of the United States, 220 

XV. Expenditures of the United States, ... 222 

XVI. Coinage at the Mint and its Branches, . . . 224 

Inbex, 225 



A TREATISE 

ON THE 

NATIONAL AND STATE 
GOVERNMENTS. 



CHAPTER I 

THE DIFFERENT KINDS OF GOVERNMENT. 

1. Mankind living together in families and commu- 
nities, maintaining intercourse with each other, and re- 
cognizing certain reciprocal rights and obligations, con- 
stitute civil society. It is as a member of society that 
man is constantly the subject of our observation ; and 
for that station he was evidently designed. To pre- 
serve the peace and order of the social state, there has 
always been found necessary some superintending and 
controlling power ; which is known by the general name 
of gover7t?7ient. This power exists under various modi- 
fications, the particular form and character of the gov- 
ernment being determined, in each case, by the genius, 
habits, and pursuits of the people among whom it is es- 
tablished, the progress they have made in knowledge 
and refinement, and a diversity of other circumstances. 

2. There are three which may be denominated the 
simple and elementary forms of government ; the mo- 
narchical, the aristocratic, and the democratic. It is not 
to be supposed, however, that either of these forms is 
commonly found existing by itself, entirely chstinct from 
the others. Wherever one or another of the names is 
applied, it indicates the prevailing feature of the govern- 
ment, rather than describes accurately its whole consti- 
tution. Most governments are of a mixed nature, being 
a combination of certain powers and properties, of some 
two, or of all the three primary modes, and varjang in 
their character according to the diflerent proportions in 
which these elements enter into their composition. 



12 DIFFERENT KINDS OF GOVERNMENT. 

3. Monarchy is that species of government which is 
lodged in the hands of a single individual. The office 
of the sovereign is nsually hereditary, descending in the 
same family ; rarely, it is elective, that is, the sovereign 
is chosen. When the monarch virtually wields the 
whole power of the state, subject to no established re- 
strictions, but his sole and arbitrary will is law, which 
is upheld by fear, by force, and by habit, the govern- 
ment is an absolute monarchy, or despotism. When, as 
is commonly the case, the will of the sovereign is con- 
trolled, and his power restrained, by express provisions, 
or by customs to which length of time has given a sanc- 
tion and binding force, the government is called a lim- 
ited monarchy. 

4. Aristocracy, which, though with us commonly 
used in an odious sense, denotes, properly, the sway of 
the most distinguished; or oligarchy, which is essentially 
the same thing, importing the ride ofthefeio, is that form 
of government in which the sovereign power resides in 
a select council. This has made but little figure in the 
world, as the distinctive and predominant element in 
government. But, in a greater or less degree, it enters 
as a constituent into most governments, as is witnessed, 
for example, in the European monarchies, where an 
hereditary nobility exist as a privileged class, and ex- 
ercise great authority in the administration of govern- 
jfnent. 

5. Democracy is government conducted by the peo- 
ple themselves, in their collective capacity. In its pure 
and simple form, this has never prevailed, to any con- 
siderable extent, being adapted only to small commu- 
nities, where the people can assemble in person, to dis- 
cuss, settle, and execute measures of common concern. 
Republicanism is a modification of democracy, which is 
suited to communities however extensive. Li this form, 
the government, instead of being exercised directly by 
the people, in their primary assemblies, is delegated by 
them, for a limited term, to particular individuals, of 
their own selection, who administer it as their account- 
able agents and representatives. 



NATURE OF POPULAR GOVERNMENTS. 13 

CHAPTER II. 

THE NATURE OF POPULAR GOVERNMENTS. 

1. In free countries, such as our own, government 
is said to be instituted by the people themselves, for 
their own convenience and protection. The notion, 
however, that in any large community, government is 
the creature of the whole people, or that it has, in any 
proper sense, received the assent of all, is entirely fan- 
ciful. The truth is, that even in the most favorable 
cases, but a comparatively small portion of the people 
have actually any share in directing the affairs of 
state ; and of that portion, a bare majority may usually 
prescribe the form and policy of the government, under 
which all are to live, and to which all are held equally 
bound to render obedience. 

2. Persons speak of universal suffrage, as if such a 
thing, with us, really existed. But the fact is far other ■ 
wise. More than tlu-ee fourths of the entire population 
are excluded, by reason of then sex, age, or other de- 
clared disqualifications, from all participation in the 
right of voting. Most of the persons thus excluded 
may be incompetent to exercise the right in question ; 
but it Avould be impossible to maintam that there are 
absolutely none among them, who are capable of a ju- 
dicious use of that right. The exclusion is somewhat 
arbitraiy; indeed, no more is pretended than that it 
proceeds upon a general presumption of unfitness, 
wliich is adopted for the sake of convenience. 

3. And if, even where a conmiunity undertake, 
originally, to establish a system of government for 
themselves, but a small fraction of the people are either 
in\'ited or permitted to take any share in the matter, 
the case is no better, certainly, in respect to succeed- 
ing generations. On then* part, there is no assent to a 
government which they find already established other 

2 



14 NATURE OF POPULAR GOVERNMENTS, 

than is to be implied from their consenting to hve un- 
der it, and participate in its administration and its 
benefits. They are placed, without their own choice 
or instrumentality, m a position in which, unless they 
will rise in rebellion against the existing government, 
or flee from it, they have no alternative but to conform 
to its requisitions. 

4. The social compact that is sometimes spoken of, 
as formed and subsisting between the whole communi- 
ty on the one side, and each individual member of it 
on the other, has no real existence, but is purely a fic- 
tion. It is not true, that each individual enters volun- 
tarily into society, and freely contracts to observe all 
its rules. One finds himself already in society, and in 
such a situation that he can scarcely do otherwise than 
choose to comply with its terms. The actual state of 
the case is, that men perceive the advantage and ne- 
cessity of maintaining a government, and by common 
consent and habit, they allow it to exercise the power 
it possesses, while they look to it for protection, in re- 
turn. And tills tacit, general understanding works well 
enough, for most practical purposes. 

5. The power that is wielded by comparatively a 
few, in the establishment and administration of govern- 
ment, may doubtless be abused. But it is to be con- 
sidered, that those who thus take it upon themselves 
to act for the whole, are not a detached portion of man- 
kind, possessed of separate interests, and actuated by 
motives hostile to the rest of their race. They are 
bound to those others by the strongest ties of affec- 
tion and interest, and have every inducement to con- 
sult for their welfare. And since it is not possible 
to contrive any method, whereby each individual may 
exercise, for himself, the precise amount of power and 
influence to which he is fauiy entitled, but in some 
way, a part must be the active agents of the commu- 
nity, perhaps the system v^e have adopted is, in prac- 
tice, as good as any that could be devised. 

6. It is the design of a free government to protect 
the rights of the individuals who live under it. Its 



AMERICAN COLONIAL GOVERNMENTS. 15 

object is essentially defensive. It seeks not, of set 
purpose, to abridge and restrain men's natural liberty ; 
its aim is to secure to all, as completely as possible, the 
undisturbed enjoyment of that liberty. In general, it 
intermeddles not with those who are in the peaceable 
and harmless exercise of then own honest vocations ; 
but when an individual undertakes to invade the rights 
of others, it interposes to prevent collision, or redi-ess 
the wrong. There are, however, certain rights, belong- 
ing to a state of nature, which are incompatible ^vith 
the existence of civil society, and the exercise of which 
is accordingly proliibited, or laid under the necessary 
restrictions. 

7. Government, it has been said, is the agent by 
Avhich the ineij^edient portion of individual liberty is 
taken away. But the loss of this is more than com- 
pensated by the additional security, which, by the 
same limitation of the freedom of others, is afforded to 
the more valuable portion that remains. Wliile gov- 
ernment detracts, somewhat, from eveiy man's natural, 
personal liberty, which consists in acting as one thinks 
fit, unrestricted except by the law of nature, it seeks to 
protect and maintain civil libeily, which has been de- 
fined to be that of -a member of society, and no other 
than natural liberty, restrained by human laws, so far 
only as is necessary and expedient for the general ad- 
vantage of the public. 



CHAPTER III. 

THE AMERICAN COLONIAL GOVERNMENTS. 

1. The thirteen states which originally constituted 
this Union, were, Avhile colonies of Great Britain, gov- 
erned in such manner as was prescribed for them, res- 
pectively, by the mother country. For the most pait, 
the different colonies were, politically, distinct and 



16 AMERICAN COLONIAL GOVERNMENTS. 

independent of each other. There was no permanent 
or authorized confederacy between them, though some- 
times several of them associated themselves together 
for purposes of common defence. Neither had they 
any political connection with foreign nations. In their 
general features, the colonial governments w^ere essen- 
tially ahke ; but there was some diversity in their 
structure. They were properly of three kinds ; provin- 
cial, proprietary, and charter governments. 

2. The provincial governments were under the im- 
mediate authority of the crovm, or sovereign. Their 
organization depended on commissions issued by the 
crown, with accompanying instructions. The crown 
appointed a governor, who held the executive power, 
and a council of state, whose duty it was to assist the 
governor, and who also formed one branch of the legis- 
lature. There was usually a house of representatives, 
convened by the governor, under authority of his com- 
mission, or under special instructions from the crown, 
and chosen by the people of the respective colonies. 
The governor, council, and house of representatives 
constituted a general assembly, in which the legisla- 
tive power was vested. 

3. Proprietary governments were such as were 
granted by the crown to individual proprietors, or pro- 
prietaries, as they were called, who possessed both the 
rights of the soil, and the general powers of govern- 
ment. They exercised, within their respective limits, 
nearly the same authority as the crown did in the pro- 
vincial governments; but were expressly restricted 
from doing any tiling that might derogate from the 
sovereignty of the parent country. In these colonies, 
the executive power resided in the proprietary, or in a 
governor appointed by him, who acted as liis deputy. 
He also, with the assent and approbation of the free- 
men, or their delegates, assembled for that pui-j^ose, 
was authorized to make laws for his province. To this 
end, there was a house of representatives chosen by 
the people, and a council elected in like manner, or 
designated by the proprietary. 



AMERICAN COLONIAL GOVERNMENTS. 17 

4. Charter governments ^vere eslablislied under 
royal grants or cliarters of incorporation. These had a 
governor and council, or body of assistants, appointed, 
regularly, by. the crown, and a house of representa- 
tives, elected by the people; but in some of the colo- 
nies, by the provisions of their charters, the people 
were aUowed to choose all their officers. Under these 
governments the people usually enjoyed more ample 
powers, and their liberties were better secured, than 
under either of the other forms. But in respect to 
these even, the king and parliament claimed the right 
of altering or revoking the charters, at pleasure, a right 
which the colonies denied; and this subject was a 
source of constant contention between the parent coun- 
try and the charter colonies. 

5. Several of the colonies, which were originally 
governed under charters granted to individual proprie- 
taries, were subsequently changed into provincial gov- 
ernments, their charters having been either voluntarily 
surrendered, or taken away by the crown. And all the 
colonies, in the course of their political existence, ac- 
cording to the counsels that prevailed in the mother 
country, underwent various changes in respect to the 
administration of their government, and the authority 
under wliich it was exercised. At the time of the 
Ameiican Revolution, charter governments existed 
only in IMassachusetts, Rhode Island, and Connecticut ; 
Maryland, Pennsylvania, and Delaware, were vmder 
propiietaiy governments; and all the other colonies 
were subject to provincial governments under commis- 
sions from the crown. 

6. The judicial power in the colonies was not, in 
general, very perfectly separated from the other de- 
partments of the government. It was exercised, some- 
times, in part, by the governor and council, but chiefly 
by regularly organized courts ; and the general assem- 
blies were, to some extent, constituted courts of appeal. 
The judicial courts were variously established in the 
different colonies ; in some by the crown, in others, by 
the governor and council, the proprietaiy, or the 

2* 



18 THE CONTINENTAL CONGRESS, 

general assembly of the colony. From the decisions 
of the comts of the last resort in the colonies, an appeal 
lay to the king in council; though that point was 
sometimes strenuously contested by the colonies. 

7. In the enactment of laws, the representatives of 
the people constituted the lower house, and the coun- 
cil, or body of assistants, served as an upper house. 
The concurrence of the two houses was required for 
the adoption of measures, and the governor had a nega- 
tive upon their acts and proceedings, as well as a right 
to prorogue or dissolve the assembly. The colonial 
legislatures ^vere authorized to pass laws not contrary 
to the laws of England, but as near as conveniently 
might be, agreeable to them, and subject to the ratifi- 
cation or disapproval of the crown. And by a statute 
of the English parliament, all laws and usages in prac- 
tice in any of the colonies, repugnant to the laws of 
that kingdom relative to such colonies, were declared 
to be void. 



CHAPTER IV. 

THE CONTINENTAL CONGRESS, AND THE CONFEDERATION. 

1. When the prospect of a peaceable adjustment of 
the differences existing between Great Britain and the 
colonies had become doubtful, the latter set about 
fomiing a national organization for their better protec- 
tion and more efficient action. A Congress, consisting 
of delegates, appointed in some of the colonies by the 
legislature, or the popular branch of it, in others by con- 
ventions of the people, assembled at Philadelpliia, in 
September, 1774. This congress and those which suc- 
ceeded it, performed the functions of a national govern- 
ment, and assumed and exercised powers sufficiently 
ample for that purpose. The congress consisted of but a 
single body ; one of their number was chosen president ; 



AND THE CONFEDERATION, 19 

and as they had not the means of ascertaining the rela- 
tive importance of the several colonies, it was agreed 
that, in determining questions, each colony should have 
one vote. 

2. On the 7tli of June, 1776, a resolution was moved 
in congress, declaring that the United Colonies ought 
to be free and independent States. On the 28th of the 
same month, a committee, which was appointed for that 
purpose several days previous, reported a draft of a 
Declaration of Independence, drawn up by Thomas Jef- 
ferson. The resolution for independence, though oppos- 
ed by some of the members as immature, finally receiv- 
ed the assent of all the colonies. The declaration re- 
ported, after undergoing some amendments, was adopt- 
ed by congress on the 4th of July, and was, either then 
or soon after, signed by all the members, being fifty -five 
in number, a few of whom, however, were not present, 
and indeed were not yet in oflice, when the declaration 
was adopted. 

3. Soon after the declaration of independence, meas- 
ures were taken for forming a permanent compact be- 
tween the several states. After great delay, Articles 
nf Confederation were adopted by congress, in Novem- 
ber, 1777, and were proposed to the states. Accompa- 
nying them was a circular, recommending to the legis- 
lature of each state, to invest its delegates in congress 
with competent powers to subscribe the articles in the 
name and behalf of the state. This recommendation 
was complied with reluctantly, on the part of some of 
the states. The articles were ratified by eleven of the 
states in 1778, by Delaware in 1779, and, finally, by 
Maiyland on the 1st of March, 1781, on which day the 
conclusive ratification took effect, and was pubhcly an- 
nounced by congress. 

4. These articles of confederation were, in fact, 
little more than a league of friendship between the 
states, imbodying essentially the principles that had 
been practised upon by the continental congress. 
Each state retained its sovereignty and independence, 
and all powers not expressly delegated to the United 



20 THE COJNTFEDEKATION. 

States. Provision was made for a congress, which 
was to consist of not less than two nor more than 
seven members from each state, to he appointed an- 
nually, in snch manner as the legislature of the state 
should direct, and maintained by then respective states. 
No person could be a delegate more than three years 
in any term of six years ; and each state had the power 
to recall its delegates, at pleasure, and send others in 
their stead. Congress was to meet once in every year ; 
and in deciding questions iii that body, each state had 
one vote. 

5. Congress, under the confederation, was invested 
with certain specified powers, appropriate to a national 
government, but for the exercise of many of the most 
important of those powers, the concurrence of nine 
states "was required. But the great defect in the 
scheme was, that congress lacked the coercive author- 
ity to carry into effect the measures it was competent 
to adopt. There was no central force to keep the ma- 
chinery of government in motion. Congress could 
recommend, but it depended upon the good pleasure of 
thirteen independent states, whether or not, and when, 
they would conform to the recommendation, and fur- 
nish the means necessary for carrying on national 
measures. Another radical deficiency was the want of 
a national judiciary, coextensive with the other powers 
of government. In fact, the system soon showed itself 
utterly inefficient, and inadequate to the exigencies of 
the country and the times. 

6. In the mean time, the United States had attained 
to an acknowledged place among nations. In Febru- 
ary, 1778, a treaty was concluded with France, which 
was ratified by congress in May following, and 
was the fu'st treaty made by the United States "with 
any foreign power. On the 30th of November, 1782, 
preliminary articles of peace were entered into between 
Great Britain and the United States, at Paris ; upon the 
basis of which articles, a definitive treaty was conclu- 
ded and signed, at the same place, on the 3d of Sep- 
tember, 1783. By this treaty, the independence of the 



CONSTITUTION OF THE UNITED STATES, 21 

United States was acknowledged by Great Britain, 
peace was established, and various provisions made for 
securing a permanent good understanding and friendly 
relations between the two countries. 



CHAPTER V. 

THE CONSTITUTION OF THE UNITED STATES. 

1. In Februaiy, 1787, in consequence of certain 
measures which had been first moved in the legislature 
of Virginia, a resolution was adopted by congress, re- 
commending a convention of delegates from all the 
states, to be held at Philadelphia, on the second Mon- 
day of May ensuing, for the purpose of revising the ar- 
ticles of confederation, and reporting such alterations 
and provisions in respect to them, as should be thought 
necessary. At the time and place proposed, the con- 
vention assembled, all the states being represented 
except Pthode Island, which declined to send delegates. 
George Washington was chosen to preside m that 
body. The existing frame of government was, how- 
ever, deemed so radically defective, that the conven- 
tion, by a large majority, determined on forming a new 
one. 

2. Great difficulty was experienced in reconciling 
the various conflicting interests of the different states. 
The whole subject matter underwent a most thorough 
and elaborate discussion. Certain resolutions which 
were proposed as the basis of a constitution, were fu-st 
debated and amended in the convention, and then re- 
fen-ed to a committee for the purpose of reducing them 
to the form of a constitution. That committee reported 
a di-aft accordingly, which, after having been sufficient- 
ly discussed and modified, was submitted to another 
committee, to revise the style and arrange the articles. 
At length, on the 17th of September, 1787, the Consti- 



22 CONSTITUTION OF THE UNITED STATES. 

tution of the United States was adopted by the unani- 
mous consent of the twelve states there represented. 
Of the fifty-tive members who sat m the convention, 
thirty-nine, being the whole number then present, 
signed the constitution ; and some of those who were 
absent "were known to be in favor of it. 

3. The constitution thus framed and adopted, it was 
remarked by the president of the convention in his let- 
ter to congress, was the result of a spirit of amity, and 
of that mutual deference and concession, which the 
peculiar political situation of the states rendered indis- 
pensable. A copy of the instrument was laid before 
congress, and received the approbation of that body. 
It was then, in conformity to the opinion of the con- 
vention ex^^ressed in accompanying resolutions, trans- 
mitted by congress to the several state legislatures, to 
be submitted, under their recommendation, to a con- 
vention of delegates in each state, who should be cho- 
sen by the people of the state, for then- assent and 
ratification. 

4. In the conventions held for that purpose, in 
Georgia, New Jersey, and Delaware, the constitution 
was adopted unanimously ; and in those of Pennsylva- 
nia, Connecticut, Maryland, and South Carolina, by 
large majorities. In the conventions of Massachusetts, 
New Hampshire, Virginia, and New York, it met with 
serious opposition, and finally prevailed in them by 
very meagre majorities. The first convention of North 
Carolina refused to ratify the constitution, but it obtain- 
ed the assent of a second convention, in that state, held 
in November, 1789; and in May, 1790, it received the 
ratification of Rhode Island, which, until that time, had 
declined to call a convention to consider it. The con- 
ventions of Massachusetts, South Carolina, New Hamp- 
shire, Virginia, New York, North Carolina, and Rhode 
Island, at the time of adopting the constitution, pro- 
posed and recommended a series of amendments to it. 

5. The constitution, by the terms of it, Avas, when 
ratified by the conventions of nine states, to go into 
effect, as between those states. "When the ratification 



CONSTITUTION OF THE UNITED STATES. 23 

had been completed by eleven states, congress passed 
a resolution providing for the choice and assembling of 
electors of president of the United Stales ; and sena- 
tors and representatives having been chosen by those 
eleven states, the new congress met at New York, on 
Wednesday, the 4th of March, 1789, and commenced 
proceedings under the constitution. There was not a 
quorum of both houses, or the required number to do 
business, in attendance until the 6th of April following, 
when, on counting the electoral votes, it appeared that 
George Washington was unanimously chosen presi- 
dent. On the 30th of the same month, the president 
elect was sworn into office, and from that time the gov- 
ernment went into full operation. 

6. Provision was made m the constitution for its 
amendment. Congress is requii'ed, Avhenever two 
thirds of both houses shall deem it necessary, to pro- 
pose amendments ; or on the application of the legisla- 
tures of two thirds of the states, to call a convention 
for proposing amendments. The amendments, in either 
case, become valid as a part of the constitution, when 
ratified by the legislatures of tliree fourths of the states, 
or by conventions in three fourths of them, as congi'ess 
shall direct. But no state can, ^vithout its consent, be 
deprived of its equal sufiFrage in the senate. Twelve 
articles of amendment were proposed by congress, at 
its first session, of wliich ten were duly ratified, forming, 
in effect, a bill of rights. Anoiher article Avas added, 
not long aftenvards ; and in 1804, a twelfth amendment 
Avas adopted, changing the mode of voting for president 
and vice president. These amendments were all pro- 
posed by congress, and submitted for ratification, to the 
state legislatures. 

7. The constitution is an instrument imbodpng the 
fundamental principles of the national government, de- 
claring the manner in which its difierent branches shall 
be constituted, and defining the powers and duties of 
each. From the mode of its ratification, it may be re- 
garded, so far as that is capable of being done, as ex- 
pressing the dehberate will of the people of the United 



24 NATIONAL AND STATE GOVERNMENTS. 

States. The articles of confederation received the as- 
sent only of the state legislatures, which were chosen 
for other purposes. But the conventions which passed 
upon the constitution, in the several states, were com- 
posed of members selected by the people expressly for 
that single object. This constitution, and the laws of 
the United States passed in pursuance of it, and all 
treaties made under the authority of the United States, 
are declared to be the supreme law of the land. 



CHAPTER VI. 

THE NATIONAL AND STATE GOVERNMENTS. 

1. The National Government is republican, existing, 
since 1789, under the provisions of the constitution of 
the United States. By the same instrument a repub- 
lican form of government is guarantied to every state 
of the Union : and such a government in fact exists in 
each state, under its own constitution. On their seces- 
sion from the mother country, the several colonies, by 
the recommendation of congress, formed governments 
for themselves. These were, at first, designed to be 
merely temporary, and some of them were expressly 
limited in their duration, to the continuance of the dis- 
pute between Great Britain and the colonies. Some 
of the states established permanent constitutions, about 
the time of the declaration of independence, while oth- 
ers continued to act under their charters or existing 
forms of government, long afterwards. 

2. The several state constitutions were framed by 
conventions coming immediately from the body of the 
people, and acting in their behalf; and were, in general, 
at least, subsequently adopted and ratified by the peo- 
ple themselves, in their primary assemblies. Most of 
those of an earher date have been revised and amend- 
ed to suit the spirit of the times. These constitutions 



NATIONAL AND STATE GOVERNMENTS. 25 

are sovereign, eacli wathin its own limits, unless they 
conflict with the paramount authorities of the United 
States. Any law or enactment, contrary to the consti- 
tution of the state in which it is passed, is void ; and so 
is any act of a state legislature or of congress, or any 
provision of a state constitution, which is repugnant to 
the constitution, the existing constitutional laws, or the 
treaties of the United States. 

3. In relation to each other, the states are, for most 
purposes, independent governments. They are also 
independent of the national government, except in res- 
pect to those powers which were, either expressly or 
by fair implication, delegated to it by the constitution 
of the United States. Of these powers, some are, by 
their very nature, or are expressly declared to be, exclu- 
sive in the general government, while others may be 
exercised concurrently by the state governments. The 
several states are, for the most part, left to regulate 
their OAvn internal affairs, while matters relating to the 
general welfare and safety are confided to the national 
government. The United States are bound to protect 
each of the states against invasion ; and on application 
of the legislature, or of the executive, when the legisla- 
ture cannot be convened, against domestic violence. 

4. It is provided by the constitution, that citizens of 
each state shall be entitled to all the privileges and 
immunities of citizens in the several states ; and also, 
that full faith and credit shall be given in each state to 
the public acts, records, and judicial proceedings of 
every other state. A person charged in any state with 
treason, felony, or other crime, who shall flee from jus- 
tice and be found in another state, is required to be 
dehvered up for trial, on the requisition of the execu- 
tive authority of the state from which he fled. It is 
likewise declared, that any person held to service in one 
state, under its laws, escaping mto another state, shall 
be delivered up on claim of the party to whom the ser- 
vice is due. 

5. Under our governments all power emanates from 
the people, but they exercise it by then agents and rep- 

3 



26 NATIONAL AND STATE GOVERNMENTS. 

resentatives, wlio are selected in such manner as the 
constitutions and laws of the several states prescribe. 
The greater part of these officers are chosen directly 
by that portion of the people, who are deemed qualified 
electors, or voters, in their respective states. The qual- 
ifications usually required for such electors are, that 
they be free, and in a majority of the states, white male 
citizens, of the age of twenty-one years, and have resi- 
ded for some stated period, varpng from three months 
to two years, in the place where they propose to vote. 
In some of the states, they must also have paid a state 
or county tax, and in three or four states a property 
qualification is requisite. 

6. The various public functionaries, whether chosen 
by the people, or appointed by the executive or other 
authority, are properly the servants of the community, — 
not of individuals, but of the whole collectively ; and 
they are amenable to the people for the diligent and 
faithful discharge of their several duties. The more 
important executive and judicial officers, especially, are 
usually subject to impeachment and removal from office 
for official ixiisconduct. And nearly all public officers 
are appointed for such periods, and hold their places by 
such tenure, that before they can long have abused their 
trust, they are liable to be removed, or to be displaced 
by a new election. 

7. There are other provisions intended further to se- 
cure the integrity and fidelity of persons in office. All 
members of congress and of the several state legisla- 
tures, all executive and judicial officers, both of the 
nation and of the states, and all officers appointed un- 
der the authority of the United States, are required to 
take an oath or affu-mation to support the constitution 
of the United States. Most officers of the general 
government are also sworn to the faithful execution of 
the trust committed to them. And, usually, state offi- 
cers are required to take an oath to support the consti- 
tution of the state, and an oath of office.- Such public 
officers as are intrusted with the possession and man- 
agement of money, or other valuable property, are com- 



LEGISLATIVE DEPARTMENT. 27 

monly required also to give bonds for the faithful dis- 
charge of their official duties. 

8. In the establishment of all our governments, it 
has been a favorite policy, to preserve distinct the tln-ee 
great departments, the legislative, executive, and judi- 
cial. And such a separation, not perfect indeed, but 
sufficient for all practical purposes, is accordingly found 
universally to exist. In all of them, these three powers 
are, for the most part, vested in different officers, who 
are chosen in different modes, and hold their offices by 
different tenures. The particular organization of each 
of these departments, and the distribution of the powers 
of government among them, are regulated, in the several 
states, by their resj^ective constitutions and laws. The 
general duties appropriated to each department, are, 
liDwever, essentially the same in all the states. 



CHAPTER VII. 

THE LEGISLATIVE DEPARTMENT. 

1. The office of the legislative department is to 
pass laws. Under our systems of government, this 
power is vested in two independent branches, styled, 
usually, a senate and house of representatives, the con- 
currence of which is regularly required for the passage 
of laws, and for the performance of most legislative 
acts. The house of representatives is the more nu- 
merous branch, containing, on an average, in each of 
the states, somewhat more than one hundi-ed members. 
In Massachusetts, which has the largest house, the 
number of representatives is about three hundred and 
fifty ; in Delaware, which has the smallest, there are 
but twenty-one. The senates of the several states 
vary from ninety members or thereabouts, which is the 
number in Georgia, to nine, the number in Delaware ; 
the average niunber being about tliirty. 



28 LEGISLATIVE DEPARTMENT. 

2. The house of representatives is pecuharly the 
popular branch of the legislature. It is composed of 
members chosen by the legally qualified electors of the 
people, voting, in the New England states, by towns, in 
the other states, mostly by counties. The senators are 
chosen by the same electors ; but for this purpose, the 
states are commonly divided into districts, each consist- 
ing of several towns, or in those states m which the 
representatives are chosen by counties, of several coun- 
ties, so that this branch is elected on a basis somewhat 
different from that of the other. The senators repre- 
sent the people by larger masses than do the repre- 
sentatives. 

3. In most of the states, the representatives hold 
their office only one year, but in several of the southern 
and vsAestern states, the term is two years, and in 
Rhode Island it is but six months. In the New Eng- 
land states, and two or three others, the senators are 
chosen for one year ; in all the other states, for periods 
of two, tln-ee, four, and in Maryland, for six years. In 
those states in which the term is longer than one year, 
the senators are divided into two, three, or four classes; 
as the case may be, whose terms of office expire at dif- 
ferent times, so that a portion of the senate is chosen 
every year, or at the furthest, once in two years. 

4. The principal qualifications usually required for 
representatives and senators, are a certain age, resi- 
dence for a given number of years within the state, and 
for a prescribed period previous, and at the time of their 
election, within the town, county, or district for which 
they are chosen ; and sometimes citizenship of the Uni- 
ted States is specified. In a few of the states a certain 
amount of property is required, which is larger for a 
senator than for a representative. The age requisite 
for a representative is fixed at twenty-one years, in 
about half the states, in some at twenty-five ; that of 
senators at twenty-five for the lowest, and more com- 
monly as high as thirty years. In several of the states 
there is no express provision as to age or citizenship. 
Senators and representatives are paid for their services 
a fixed sum, by the day. 



LEGISLATIVE DEPARTMENT- 29 

5. The legislatures of all the states meet regularly 
once m a year, except in six states, in which they as- 
semble but once in two years, and in E-hode Island, 
where there are two regular sessions, annually. Most 
of the state constitutions declare what portion of each 
house shall constitute a quorum to do business. Usu- 
ally a majority is required for this purpose, sometimes 
two thirds of the whole number ; though in either case, 
it is commonly provided, that a smaller number may 
adjourn from day to day, and may be authorized to com- 
pel the attendance of absent members. In most of the 
state constitutions it is declared, that the doors of each 
house shall be kept open, except in cases requning 
secrecy. 

6. Each branch of the legislature is the judge of the 
elections and qualifications of its own members, and 
each chooses its own officers, except that in several of 
those states which have a lieutenant governor, that 
officer presides in the senate, by virtue of his office, but 
is_ not entitled to vote, unless in case of an equal divis- 
ion of the senators. The sjjeaker is the presiding offi- 
cer in the house of representatives. The house has a 
clerk, and the senate a secretary or clerk, Avho keep an 
accurate journal of the proceedings of those bodies, 
which is afterwards published. Each branch has a 
doorkeeper; and each, or sometimes both together, a 
sergeant at arms, whose duty it is to maintain order 
among the spectators, to execute the commands and 
serve the process of the legislature, to attend persons 
charged with messages from one house to the other, 
and the like. 

7. Each house is empowered to determine the rules 
of its own proceedings, to punish its members for disor- 
derly conduct, and in certain cases to expel a member. 
In general, it is expressly provided, that each house 
may punish by imprisonment, during its session, any 
person not a member, Avho is guilty of disrespect to the 
house by disorderly conduct in its presence, or other 
declared contempt of its authority. Senators and rep- 
resentatives are usually, except in cases of treason, 

3* 



30 PROCEEDINGS IN COMMITTEES. 

felony, or breach of the peace, privileged from aiTest 
during the session of the legislature, and for a specified 
time before its commencement and after its close : and 
they are not answerable, elsewhere, for any tiring spo- 
ken in debate, in either house. The privilege from 
arrest operates by "^drtue of the election, which consti- 
tutes the individual a member, for most purposes, though 
he cannot vote until he has been sworn. 



CHAPTER VIII. 

PROCEEDINGS IN COMMITTEES. 

1. The preliminary proceedings in the enactment of 
laws are conducted, in great part, in committees. At 
the commencement of the legislative session, each 
house, or branch of the legislature, or more commonly, 
in practice, its presiding officer, appoints, from among 
its members, a number of standing committees, on 
certain specified subjects, to continue in office through 
the session. There are also joint standing committees 
of both houses. To some one of these committees, 
which is deemed most appropriate, or to a select com- 
mittee appointed specially for the purpose, matters 
coming before the house are usually referred for con- 
sideration, with leave to report upon them by bill or 
otherwise. These committees sit and deliberate upon 
the business submitted to them, commonly at times 
when their respective houses are not in session. 

2. For certain purposes, especially for the primary 
discussion of propositions for imposing any tax or charge 
upon the people, or relating to appropriations of money, 
all the members of the house sit together as a coin- 
tnittee of the ivhole house. On a vote of the house to 
resolve itself into a committee of the whole, the speaker 
leaves the chair, appoints a chau-man to preside in 
committee, and himself sits as a member. If disorder 



PROCEEDINGS IN COMMITTEES. 31 

arise during the sitting, the speaker takes the chair; 
as he does also to receive any message that may be 
sent to the house. It is the business of a committee 
of the whole to digest and mature tlie subject matter 
before them, preparatory to future action upon it in the 
house. To this end the leading principles of the pro- 
posed measure are put into form, and are debated and 
modified as the sense of the majority shall dictate. 
When adopted, their resolutions are reported to the 
house, and if approved by it, are there further con- 
sidered, or referred to other committees. 

3. The rules of proceeding in a committee of the 
whole are substantially the same as in the house ; but 
the debate is, in general, more free. No previous 
question can be taken in a committee, the mode of 
avoiding an improper or untimely discussion being, to 
move ihat the committee rise. A committee of the 
whole cannot adjourn, but if their business is unfinished, 
they rise, and the chairman reports to the house, that 
the committee have had under consideration such a 
subject, and have made progress in it, but not having 
time to complete it, have requested him to ask leave to 
sit again. When their business is concluded, the com- 
mittee rise on motion, and the speaker resumes the 
chair. The chahman then informs the house, that the 
committee have gone tlu-ough the matter submitted to 
them, and that he is ready to report upon it, whenever 
the house shall direct. 

4. Bills are introduced into the house by motion for 
leave, or by an order of the house on report of the 
committee who have had the matter under considera- 
tion. When a member wishes to bring ui a bill, on a 
particular subject, he moves for leave to do so, prefacing 
his motion with a general statement of his reasons for 
making it. If leave be granted, a committee, including 
customarily, the mover and seconder, is then appointed 
to prepare and report the bill. When first presented in 
the house, it is read by the clerk at the table, for the 
information of the members. A bill cannot be amended 
at the first reading, though it may be rejected ; but it is 



32 PEOCEEDINGS IN COMMITTEES, 

usually allowed to pass to its next stage, without oppo- 
sition. After having received a second reading, the 
bill is commonly comnnitted ; that is, it is referred to a 
committee, to be further matured previous to the action 
of the house upon it. 

5. When a bill is committed, it may be to a committee 
of the whole house, or to a select or a standing commit- 
tee. If to a committee of the whole, the house deter- 
mine on w^hat day they will go into committee for the 
purpose of considering the bill. If it be referred to a 
select committee, the presiding officer commonly ap- 
points the committee, but any member may nominate 
one person to be upon it, and the house may change or 
modify it as they please. It is usual to place upon the 
committee some who take exceptions to the details of 
the bill, but not those who are radically opposed to its 
principles. All committees have a right to choose 
their own chairman to preside over them, and report 
their proceedings to the house. But ordinarily, by 
courtesy, the person fu'st named upon a committee is 
allowed to act as chairman. 

6. The bill or other paper under consideration before 
a committee, may be one originating with themselves, 
or one committed to them, after having been read in 
the house. In the latter case, they have full power to 
modify its provisions, though they cannot change its sub- 
ject or title. When the committee, whether a special 
or a standing one, or a committee of the whole, take up 
the bill, it is fu'st read tlu-oughout, and afterwards by 
clauses, which are considered and discussed separately, 
in their order. The chairman, as they proceed, puts 
such questions as are proposed, for amendments, by 
inserting or striking out. Where the bill originates 
with the committee, but not where it is referred to 
them, the question is taken, at the close, whether they 
will agree to the bill, as a whole, as it then stands. In 
entering their amendments, the committee do not make 
erasures and interlineations in the bill itself, but write 
down, upon a separate paper, the words that are to be 
omitted or inserted, and state, by reference to the page, 



ORDER OF BUSINESS. 33 

line, and word of the bill, the place where the altera- 
tions are to be made. 

7. Having completed their work, the committee rise, 
and the chairman, afterwards, when the house is in 
session, states to that body, that the committee to 
whom was referred such a bill, have, according to 
order, had it under consideration, and have directed 
liim to report it, without amendment, or with amend- 
ments, as the case may be, which he is ready to do. 
If the house signify their pleasure to hear the report 
presently, he reads the amendments, if any, in their 
proper connection, and explains the alterations, and the 
reasons of the committee for making them. He then 
delivers in the report at the clerk's table, and the com- 
mittee, if a special one, having now performed its office, 
is dissolved. A bill, after having been thus reported, 
is sometimes recommitted, and usually to the same 
committee, whose power, for that purpose, is revived. 



CHAPTER IX. 

ORDER OF BUSINESS AND DEBATE, 

1. The debate upon bills and other matters, at their 
several stages, in passing through the house, is subject, 
as to its course and extent, to certain regulations called 
parliamentary rules. Legislative bodies have their j)ar- 
ticular standing rules of proceeding, which are com- 
monly printed for the use of the members. To pre- 
vent confusion and waste of time, they have also, as 
far as practicable, an established arrangement of busi- 
ness, fixing the order in which different subjects and 
kinds of business shall be entitled to consideration. 
These rules, and the settled course of proceedings, can- 
not be changed or dispensed with, except in the pre- 
scribed mode. 

2. It is the duty of the presiding officer to preserve 



34 EULES OF DEBATE. 

decorum in the house, and to direct its proceedings in 
such manner as best to secure the regular and orderly 
despatch of business. As soon as he has taken the 
chair, and called the house to order, the members 
all sit in their places. When a member wishes to 
speak upon a question, he rises in his place, and ad- 
dresses himself to the sjjeaker or president, who calls 
him by his name, that the house may know who is 
to speak. The member who first rises and addresses 
the chan, is entitled to speak first. If two rise nearly 
at the same time, the presiding officer names the per- 
son who shall speak ; but if the house are dissatisfied 
with his decision, they may have the qiiestion put, 
which member was fu-st up ? When the member has 
finished speaking, or is called to order, he sits down. 

3. Questions of order are decided, in the first in- 
stance, by the chair, from whose decision there is an 
appeal to the house. The presiding officer has a right 
to speak to points of order, and to be heard in prefer- 
ence to other members ; but he is restricted from 
speaking on other subjects, except, for the information, 
and with the leave of the house, to state facts within 
his knowledge. Pvegularly, no member is allowed to 
speak more than once to the same question, or to the 
same bill at any one reading, unless it be to elucidate 
a matter of fact, or to make some material explanation, 
or the like. But there is a diversity, on this point, in 
the rules of different legislative bodies. 

4. The member speaking is to confine himself to 
the question under debate, and to avoid personalities. 
If he has occasion to mention a member present, he 
should not call him by liis name, but designate him by 
reference to the place he represents, to liis seat in the 
house, liis position in the debate, or other appropriate 
description. It is not in order for a member, in debate, 
to cast reflections upon the determinations of the house, 
or to refer to any thing that has been said or done upon 
the same subject matter, in the other house. If a 
member be called to order for words spoken, the ex- 
ceptionable words should be taken down in Aviiting, 



RULES OF DEBATE. 35 

that the presiding officer may be better enabled to 
judge whether they are disorderly. 

5. When a motion is made, it is not in the posses- 
sion of the house, until it has been seconded. The 
motion must be reduced to writing, if desired, delivered 
in at the table, and read by the presiding officer, before 
it can be debated, or the question taken upon it. In 
voting upon a question, the afhiiiiative side is ffi-st put, 
and then the negative. Generally, the question first 
moved and seconded, is to be first put. But in filling 
up blanks, the largest sum or number, and the longest 
time, have the preference. So, where a motion is 
made to strike out, or to insert a paragraph, motions to 
amend it are put before the vote is taken on striking- 
out or inserting the ^vhole paragraph. And there are 
some other cases in which questions growing out of 
the matter in debate, such as points of order, and the 
lilve, are to'be decided before the original question. 

6. There are also certain questions which, in their 
order, take precedence of other matters, and which are 
called privileged questions. Such are the motion to ad- 
journ; for the orders of the day; for the previous 
question ; to lay on the table ; to postpone indefinitely, 
or to a day certain ; to commit ; and to amend. The 
motion to adjourn has priority over all others, and is 
always in order, except when the house is actually en- 
gaged in voting upon another question. So, when it 
appears that a quorum is not present, any member may 
require the house to be counted ; and if it be found de- 
ficient, business cannot proceed. Next to the motion 
for adjournment, a motion to proceed to the orders of 
the day, is entitled to the preference, and if it be car- 
ried, the orders are read and proceeded upon in then- 
course. 

7. The moving of the pirevious question suspends the 
further discussion of the main question, on the merits 
of the case. The question from the chair is, " shall the 
main question be now put?" and if this be decided in 
the affirmative, the main question is put immediately, 
q.nd no member can speak further to it. A vote that 



36 ENACTMENT OF LAWS. 

the main question be not now put, removes the whole 
subject matter from under the consideration of the 
house for that day. This kind of question was de- 
signed to suppress the useless or unseasonable discus- 
sion of a subject; but, in practice, it is sometimes 
abused to the purpose of stifling the freedom of de- 
bate. A vote to postpone indefinitely, disposes of the 
proposition for that session. When a matter is laid on 
the table, it may be called up at any time, but frequently 
such a disjDosition of a subject is tantamount to a refu- 
sal of the house to act upon it. 

8. Amendments may be proposed of such a nature 
as materially to change the character of a bill or pro- 
vision, and this is sometimes done in order to render it 
odious to its former supporters. So also the whole of 
a bill, after the enacting words, may be struck out, and 
a new bill ingrafted upon them, as an amendment to 
the original bill. A vote to strike out the enacting 
words of a bill, is equivalent to its rejection. Upon a 
motion to amend by inserting, or by strildng out a par- 
ticular clause, the clause should be made as perfect as 
possible, by amendments, before the question is taken 
for inserting or striking it out. For if it be determined, 
in the former case, to insertj and in the latter, not to 
strike out, which i&, in effect, to retain, the clause can- 
not be amended afterwards, at the same stage ; the 
house having, by their vote, agreed to it, in its existing 
form. 



CHAPTER X. 

THE ENACTMENT OF LAWS. 



1. Previous to its passage, every bill receives, in 
each house, three several readings, which, regularly, 
should be, though they are not always, upon as many 
different days. At each time, the clerk reads the bill, 



ENACTMENT OF LAWS. 37 

and then hands it to the presiding officer, who, rising, 
states to the house the title of the bill, and whether it 
is the first, second, or third time of reading it ; and 
also states, at each reading, what the question will be. 
At the first reading the question is, whether the bill 
shall be read a second time ? But if opposition be 
made to the bill, the practice sometimes is, to put the 
question, " shall the bill be rejected ? " The question at 
the second reading is, wdiether the bill shall be com- 
mitted, or shall be engrossed and read a third time ? 
At the third reading it is, whether the bill shall pass ? 

2. When a bill, on its second reading, is committed, 
and the committee have made their report upon it, the 
report lies upon the table until it suits the convenience 
of the house to take it up. If the bill was reported 
with amendments, the amendments only are then read 
by the clerk. The speaker puts the question upon 
each of the amendments, in its order, until the whole 
have been rejected, or adopted, either in the form pro- 
posed by the committee, or as amended at tliis time. 
When all the amendments of the committee have 
been disposed of, and not before, it is in order for mem- 
bers to propose amendments to the body of the bill. 

3. In like manner, if the bill was reported by the 
committee \vithout amendments, or if, as is sometimes 
the case, at its second reading, it is not referred to a 
committee, but is considered and debated by the house, 
in the first instance, it is taken up and considered by 
paragraphs, the presiding officer putting the question 
on each amendment proposed, in its order ; and in these 
cases, as well as where the bill has been reported with 
amendments, after it has been sufficiently discussed, 
and amended, the question is put, whether the bill 
shall be read a third time ? Amendments proposed at 
the second reading of a bill, are, in general, recjuired to 
be read tuace, and those proposed, at the third reading, 
to be read three times. 

4. When upon its second reading, a bill has, by the 
aid of amendments, received as perfect a form as its 
friends can give it, those fundamentally opposed to the 

4 



63 ENACTMENT OF LAWS. 

bill may most advantageously exert their strength to 
defeat it. If, however, it pass to a third reading, it is 
then engrossed ; that is, the bill in its perfect, amended 
form, is copied out in a plain, large ox gross hand, upon 
paper or parchment. But that is not required, if the 
bill came from the other house, as in that case, it 
always comes already engrossed. In some legislative 
bodies, the practice is, not to have bills engrossed till 
after the third reading, in order that amendments may 
be made at that reading, which, otherwise, could not 
be done without marring and disfiguring the engrossed 
copy. 

5. At the third reading a bill is sometimes, though 
rarely, committed ; but where it has been previously 
engrossed, amendments which occasion erasures and 
interlineations, and thereby render the bill suspicious, 
are admitted, at this stage, with great reluctance. 
Sometimes, when an important provision has been 
omitted, rather than alter the bill itself, a clause en- 
grossed on a separate piece of paper or parchment, and 
called a rider, is attached to the bill, after having been 
read, and the question upon it put three times. At 
this reading, the bill is again debated, which may be 
done more effectually than at the previous readings, its 
supporters and its opposers having, in the earlier dis- 
cussions of it, become acquainted with the grounds 
taken on each side, and this being the time which is to 
decide finally the fate of the bill. 

. 6. The debate being ended, the presiding officer 
holding the bill in his hand, puts the question for its 
passage by saying, " as many as are of opinion that this 
bill shall pass, say ay ; " and after the affirmative voice 
is expressed, "as many as are of the contrary opinion, 
say no." He then declares whether the ayes or noes 
have it, if he be himself satisfied on which side is the 
majority. But if he is in doubt, or his decision is 
questioned, the house is divided; those in the affirma- 
tive, and then those in" the negative, are counted, by 
the presiding officer, or by tellers, and the vote is then 
declared accordingly. After a vote has bpen passed, 



ENACTMENT OF LAWS. 39 

any member who voted with the majority, may, under 
certain hmitations, move for a reconsideration of it ; 
and a vote taken upon such a motion cannot be re- 
considered, but is final. 

7. When a bill has passed in the house in which it 
originated, it is sent to the other house, where it is 
taken up, receives three readings in like manner, and 
goes through substantially the same processes as if it 
had originated in that house. The bill maybe rejected 
in the house to which it is sent, or it may be passed 
either without or ^\^th amendments ; and in the last- 
named case it is returned, with the amendments, to the 
house in which it originated. The amendments are 
there three times read, and the house either concur in 
them or disagree to them. In the latter event, the bill 
is again sent to the other house, and if the one house 
insist on their amendments and the other on their dis- 
agreement to them, after a certain formal course of 
proceedings, a committee of conference of the two 
houses is usually appointed. If no agreement can 
finally be effected, the bill is lost. 

8. After a bill has passed both houses, it is common- 
ly enrolled upon parchment, and having been carefully 
examined and compared with the engrossed bill, by a . 
committee of each house, or a joint committee of both, 
and found to be correct, it is signed, fh-st by the speaker 
of the house of representatives, and afterwards by the 
president of the senate. The bill has, in general, still 
another ordeal to pass, before it is perfect. By the 
constitution of the United States, and those of most of 
the states, it is provided that bills, after having passed 
both houses, shall be presented to the cliief magistrate 
for his approval; and for tliis purpose, the bill is ac- 
cordingly despatched, as soon as it has been signed by 
the presiding officers of the two houses. 

9. When the bill is laid before the clfief magistrate, 
if he approves, he signs it, and by message announces 
the fact to the house in wliich the biU originated ; and 
that 'house informs the other. If he disapproves, he 
returns the bill, with his objections, to the house in 



40 ENACTMENT OF LAWS. 

wliicli it originated, who enter the objections on their 
journal, and proceed to reconsider the bill. If two 
tliirds of all the members present, or in some of the 
states, a majority of all the members elected to that 
house, voting by yeas and nays, agree to pass the bill, 
it is then sent, with the objections, to the other house, 
and if passed in like manner there also, it becomes a 
law. If the bill be not returned by the chief magis- 
trate within a specified number of days after its 
. presentation to him, it becomes a law, unless the legis- 
lature, by theh adjournment, prevent its return. 

10. The bill having passed through its several stages, 
in the prescribed form, is now complete, and if of a 
public nature, it becomes a part of the law of the land ; 
and all persons withm the jurisdiction, are bound to 
take notice of it accordingly. Statutes, regularly, go 
into effect from the time they receive their final ap- 
proval, unless there be some positive provision to the 
contrary. Hence it would happen, that a statute might 
be in force some time before persons in remote parts of 
the state could possibly have notice of its existence 
as a law. To remedy this inconvenience and hardship, 
statutes frequently specify a fiiture day on wliich they 
shall go into operation ; and in some of the states there 
is a general pro-vision that every statute in which no 
time is expressly declared for that purpose, shall take 
effect a stated number of days after its final approval. 
The enrolled bills, when passed into laws, are deposited 
in the office of the secretary of state, and are there 
preserved; and co^iies of them are printed for the pub- 
lic use. 



EXECUTIVE DEPARTMENT. 41 

CHAPTER XI 

THE EXECUTIVE DEPARTMENT. 

1. The executive power, in all the state govern- 
ments, is vested in a governor, Avho is chosen by the 
qualified voters of the people, except in the states of 
New Jersey, Virginia, and South Carolina, in wliich he 
is elected by the two houses of the legislature, by 

joint ballot; both voting together, that is, as one body. 
Li the New England states, the person having a 
majority of the votes, or a greater number than all 
other candidates together, is chosen ; in the other 
states, a plurality elects, or the person having a greater 
number of votes than any one other candidate, is 
deemed to be chosen. If no person have the requhed 
number of votes, the senate and house of represen- 
tatives, generally by a joint vote, choose a governor out 
of two or more of the candidates, havmg the greatest 
number of votes. 

2. A majority of the state constitutions provide, 
that the governor shall be a citizen of the United 
States. Nearly all of them require that he shall have 
resided a certain number, varying from two to ten years, 
within the state for Avliich he is chosen ; and also that 
he shall be of a certain age, which is fixed, for the most 
part, at thhty, rarely at thirty-five years. La a few of 
the states, a property qualification is requhed. Li the 
New England states and New Jersey, the governor is 
chosen for one year; in all the others, for two, three, or 
four years. He is uniformly paid for liis services by a 
fixed annual salaiy. 

3. Li the states of Maine, New Hampshire, Mas- 
sachusetts, Virg-inia, and North Carolina, there is a 
council, consisting of from three to nine persons, chosen, 
in New Hampshire, by the people, in the other states, 
by the legislatures, by joint ballot. They hold regular 

4* 



42 EXECUTIVE DEPARTMENT. 

sessions, the governor presiding, to deliberate upon 
matters coming before the executive, and their advice 
and consent are required in the performance of many 
of the duties of that department. In some of the other 
states, the senate discharge a part of the appropriate 
functions of a council; such as confuiiiing the nomina- 
tions of public officers. When appointments are to be 
made with the approbation of the council or senate, 
the governor nominates to that body the candidates he 
proposes, and at soxiie future day, they decide by vote 
whether or not they will advise and consent to the 
appointment. 

4. The duties of the governor are various. Li a 
majority of the states, he has a quahfied negative upon 
the passage of la"ws, whereby he may defeat them, 
unless afterwards repassed by the required majority in 
both houses. He is to see that all laws in force are 
faithfully executed. He is commander in cliief of the 
military forces of the state. Either by himself,..or with 
the advice of the council where there is such a body, 
or of the senate in some of the other states, he ap- 
points various state officers ; and he signs all commis- 
sions that are issued in the name of the state. He, 
with the council, if any, is usually empowered to grant 
reprieves and pardons after conviction of the offender, 
except in cases of impeachment. It is liis duty to 
communicate to the legislature, at eveiy session, the 
condition of the stare, and to recommend to their con- 
sideration such matters as he shall judge expedient; 
and, in general, he is authorized to convene the legis- 
lature on extraordinary occasions. 

5. In about half of the states, there is a lieutenant 
governor, who, for the most part, by vhtue of his office, 
presides in the senate, but has only a casting vote ; 
that is, he is entitled to vote only when the senate are 
equally divided. The princijoal design of the office of 
lieutenant-governor is, that there may- be some one 
already appointed, to perform the duties of governor, 
in case that place should become vacant durmg the 
regular term. In the event of a vacancy in the office 



EXECUTIVE DEPARTMENT. 43 

of governor, or of governor and lieutenant governor 
also, where the latter office exists, it devolves nsuaUy 
upon the president or speaker of the senate, and next 
to him, upon the speaker of the house of representa- 
tives, to discharge the duties of governor, until one is 
chosen. 

6. In each state there is a secretary of state, com- 
monly elected by joint ballot of the two houses of the 
legislature. The secretary has the custody of all 
public records and documents, particularly of the acts, 
resolutions, and orders of the legislature. He is bound 
to keep a fair register of the acts and proceedings of 
the executive, and, when required, to lay it before 
either branch of the legislature ; and to perform such 
other duties as are enjoined upon him by law. He 
usually attests or countersigns commissions and other 
instruments issuing in the name of the state, cer- 
tifies copies of records and papers in liis office, and 
keeps the seal of the state and affixes it to such docu- 
ments as require it; though sometimes the governor is 
intrusted \vith the sole custody and use of the state 
seal. 

7. Each state has also a treasurer, who is chosen, 
almost invariably, by joint vote of the two branches of 
the legislature, and whose business it is to receive and 
to disburse all moneys belonging to the state. It is 
usually provided that no money shall be drawn from 
the treasmy except under the proper warrant, and in 
consequence of appropriations made by law. An accu- 
rate account of the receipts and expenditures of the 
public money, is recjuired to be published annually, or 
at other specffied times. The treasurer gives bond, 
with sureties, in such manner as is prescribed by law, 
conditioned for the faithful discharge of his official 
duties. The pubhc standard weights and measures are 
commonly kept in the treasmy. 



44 JUDICIAL DEPARTMENT. 

I 

CHAPTER XII. 

THE JUDICIAL DEPARTMENT. 

1. To the judicial power it belongs to expound and 
enforce the laws. As laws are estabhshed to be the 
rules of action, they ought to be expressed in the most 
clear and intelligible form. But from the imperfection 
of language, and sometimes also from the want of 
sufficient care on the part of legislators, it happens that 
statute laws are seldom so happily framed as to admit 
of but a single interpretation, and that a plaui and 
obvious one. Cases often occur, too, such as were not 
within the contemplation of the legislature ; and the 
application of the law to such cases is sometimes not a 
little difficult. Laws would be very inadequate to the 
pm'pose for which they are designed, "were there not 
some tribunal competent to decide authoritatively upon 
their meaning and application, and clothed with power 
to enforce and effectuate its decisions. 

2. It is necessary, also, in governments, which like 
oiu'S are administered m subordination to written con- 
stitutions, that there should be, somewhere in the state, 
a power to tiy the laws by the standard of the consti- 
tution, under wliich they profess to be made. This 
authority to test the constitutionahty of laws, resides in 
the courts of justice. It is the right and duty of the 
judicial power in each state, to declare null and void 
every act of its legislature made in violation of any 
provision of its own constitution, or of the constitution 
of the United States, whenever such act, being capable 
of a judicial investigation, is brought, in due form, 
before the proper court. And the decision of the high- 
est judicial court of any state, upon questions touching 
its own constitution merely, and in some other cases, 
or of the supreme court of the United States upon 
questions regularly before it, is conclusive. 



JUDICIAL DEPARTMENT. 45 

3. Besides the law that has. been exjoressed m the 
form of statutes, or legislative acts, there is much which 
has never been imbocUed in any code, or declared by 
any legislature. Tliis is no other than the unwritten, 
or as it is caUed, the common law of England, consist- 
ing of a collection of principles, usages, and rules of 
action, which have grown into force gradually, as laws, 
wdthout any legislative interposition. This common 
law, so far as it was applicable to the circumstances of 
then situation, our colonial ancestors brought Avith them 
from the mother country ; and "where it has not been 
altered by statute, it still exists in its full vigor. Cases 
wliich depend upon the common law, are to be decided 
by reference to legal principles, and on the authority of 
judicial decisions, if any exist that are applicable; and 
it belongs to the courts, m such cases, to declare what 
the law is. 

4. The liighest judicial court of each state, denom- 
inated commonly a supreme court, is that before which, 
in general, all questions of law may be brought for 
tuial decision. When sitting as a full court, its business 
is chiefly to hear arguments preparatory to the decision 
of law questions. The opinions of the judges are 
afterwards di-awn up Ijy themselves, and are read in 
court ; and the decision of each case is according to the 
opinion of a majority of the judges. Usually, in prac- 
tice, the opinion of the whole, or of the major part of 
the judges, is dehvered by some one of their number, 
as the opinion of the court. When there exists a difier- 
ence of opinion among them, those in the minority 
sometimes deliver dissenting opinions. The decisions 
of the highest court, thus made, are published under 
the name of Reports, and are binding as precedents in 
all subsequent cases of a like character. 

5. The inferior comls, which are known, in the 
different states, by various names, such as courts of 
common 2^lGas, circuit, district, or county courts, are 
principally employed in trying matters of fact, with the 
assistance of a jury. In most of the states, the indi- 
vidual judges of the highest court also sit for the trial 



46 JUDICIAL DEPARTMENT. 

of jury cases. Questions of laAV, arising before inferior 
courts, or before a single judge, at such trials, are 
determined, for the time being, by the court or judge, 
but subject to revision by a higher court, or by all the 
judges, as the case may be. Justices of the peace have 
jurisdiction, witliin their own counties, of cases of small 
magnitude, and are authorized to hold courts for the 
trial of such cases ; and from then decisions, usually, 
an appeal hes to a liigher tribunal. Justices of the 
peace, as well as all judges, are likewise conservators 
of the peace. 

6. ■ Besides the courts of laiv, properly so called, there 
are courts of chancery or equity, wliich in some of the 
states are a distinct organization, "while in others the 
judges of the highest court of law are invested with 
the exercise of chancery powers. Courts of equity sit 
without a jury, the questions that come before them 
bemg" decided by the judges. Their decisions, how- 
ever, do not proceed on then own arbitrary notions of 
the abstract right or justice of each particular case ; for 
these courts, as Avell as others, are bound by authority 
and precedents. But they are governed by rules pecu- 
liar to themselves, which enable them oftentimes to do 
more full and complete justice, and to furnish remedies 
and afford relief m cases wliich could not be reached 
by the ordinary processes of courts of law, following 
their owii course of proceedings, 

7. There are also courts of probate, usually one for 
each county. These are held by a judge of probate, or 
as he is called in some of the states, a surrogate, or a 
register of wills. The register of probate is the officer 
w^ho records the decrees, orders, and proceeduigs of the 
comt, and assists in the transaction of its business. It 
is the office of courts of probate to take the j)^'obate or 
proof of Avills, presented to them for approval, to grant 
administration of the estates of persons deceased, and 
to appoint guardians for minors and others, in the cases 
prescribed by law. They have jmisdiction of aU mat- 
ters relating to the settlement of estates, and to the 
interests of persons under guardianship. From then 



ORGANIZATION OF COURTS. 47 

decisions an appeal lies to such other court as is desig- 
nated by law. In some of the states, the courts per- 
fonning a part or all of the duties in question, are 
called orphans' courts. 



CHAPTER XIII. 

THE ORGANIZATION OF COURTS. 

1. The term court is used in various significations 
A court has been defined to be a place where justice is 
judicially administered. Sometimes the word is em- 
ployed to designate the judges alone, as contradistin- 
guished from the jury. In another sense, the judges, 
clerk, attorneys, and mmisterial officers, are said to con- 
stitute the court. It is in this last acceptation that the 
term is to be understood, in speaking of the organiza- 
tion of courts, and of their several constituent parts. 
The particular duties and oifices of different courts are 
usually marked out and assigned by statute provisions. 
For the most part the jurisdiction in both civil and crim- 
inal cases, is distributed among the same courts : but 
sometimes, and especially in cities and large towns, 
there are courts established exclusively for the cogni- 
zance of criminal matters. 

2. The judges are the officers who preside in the 
court, direct its proceedings, and determine all questions 
of law that arise. The highest court in each state con- 
sists, usually, of three, four, or five judges, and for the 
final decision of law questions, they all, or a majority of 
tliem, sit together For the purpose of hearing jury 
trials, courts are held by asingie judge of the highest court, 
either alone, or assisted by county judges ; and also by 
judges of inferior courts, having jurisdiction throughout 
the state, or more commonly by a presiding judge for 
each circuit or district, with assistant county judges. 
Courts of chancery, where they exist as a separate or- 



48 ORGANIZATION OF COURTS. 

ganization, are usually held by a single individual, called 
a chancellor. 

3. Judges are appointed, in some of the states, by the 
governor, with the advice of the council or senate ; in 
others, they are chosen by joint ballot of the two branches 
of the legislature, and in Mississippi, by the people. 
In some of the states, they hold their office during good 
behavior; in others, by the same tenure, but are disqual- 
ified at a certain age ; while in others still, they are ap- 
pointed for a stated number of years. The salaries of 
judges are fixed by law, and to secure the indepen- 
dence of the incumbents, there is, in a majority of the 
states, a provision that their salaries shall not be di- 
minished during their continuance in office. Justices of 
the peace are appointed, sometimes by the governor, 
with the approbation of the council or senate, but in 
many of the states, they are chosen by the people. 
They are paid by fees, and hold their office for a term 
of years. 

4. Attorneys, and counsellors, are officers of the court, 
by which they are admitted to practice after having 
passed through a prescribed course of preparation. 
Their business is to assist the parties in the prelimi- 
nary stages of legal proceedings ; i9 prepare the 
pleadings, or written allegations, in the case ; and to 
manage suits in court, unless the parties, as they are 
permitted to do, appear and conduct their own causes 
in person. Each state has usually an attorney general, 
whose duty it is to appear in behalf of the state, and 
prosecute and conduct suits in which the state is con- 
cerned; and also to give his advice on questions of 
law, when required by the executive, or other officers 
of the government. There are likewise district attorneys, 
or county solicitors, who assist the attorney general, and 
except in cases of great importance, for the most part 
manage the actions of the state within their respective 
districts or counties. 

5. The clerks of the court are appointed commonly 
by the judges, sometimes by the legislature. The clerk 
has the custody of the seal of the court, and it is his 



ORGANIZATION OF COURTS. 49 

duty to sign and seal all icrits, and process, or compul- 
sive written orders, issuing from the court. He is also 
required to attend the court, during its sittings, to 
record its proceedings and judgments. These and 
other records, together with all papers and documents 
used in court in the course of legal proceedings, it is the 
duty of the clerk to preserve in his office, which is at 
the sJiire town of the county, or place where the courts 
are held, and is usually kept open, for the public con- 
venience. The clerks of courts are compensated for 
their services by fees ; and they are required to give 
bonds for the faithful performance of their duties. 

G. There is usually a person appointed under the au- 
thority of the state, either by the governor or legisla- 
ture, or by the judges of the highest court, to report the 
decisions of that court, when sitting for the determina- 
tion of questions of law. The reporter attends the sit- 
tings of the court, and takes minutes of the proceed- 
ings, at the argument of each case, from which, and 
from the papers in the case, he draws up a brief state- 
ment of the facts and evidence, and adds commonly an 
abstract of the arguments of counsel. These serve as 
an introduction to the opinion and decision of the court, 
a copy of which is furnished to the reporter by the judges, 
and the whole together makes up what is called a report 
of the case. Sometimes the reports of decisions are 
prepared for the press by the judges themselves. 

7. The ministerial o^cexs of the court are those who 
execute its mandates and serve its process. Each 
county has a sheriff, whosQ duty it is, either himself 
or by his deputies, to execute, within his county, all 
writs and process issuing from the judicial tribunals of 
the state, and directed to such sheriff, or his deputy. 
Sherifis are appointed by the governor, with the advice 
of the council or senate, or are chosen by the qualified 
voters of their respective counties, and they hold their 
office for a term of years. They give bonds for the 
faithful discharge of their duties, and arc responsible, 
civilly, for the official conduct of their deputies, whom 
they are authorized to appoint, and who, in fact, perform 
5 



50 ORGANIZATION OF COURTS. 

a large part of the duties of the office. Both the sheriffs 
and deputies are paid by fees. During the sittings of 
the courts, the sheriff attends in person, with some of 
his deputies, to maintain order in and about the court- 
house, and to execute the commands of the court. 

8. Coroners, of whom there are several in each county, 
are appointed much in the same way as sheriffs. In 
some states, at least, they are authorized, within their 
respective counties, to serve all writs and precepts, and 
to perform all other duties of the sheriff^ where the lat- 
ter is a party or interested in the case, and also Avhere 
the office of sheriff is vacant. Coroners act too, in 
part, in a judicial capacity, it being their duty to hold 
inquests over the bodies of persons supposed to have 
come to a violent death. For this purpose, they assem- 
ble a jury, who being sworn, upon inspection of the 
dead body, and after hearing the testimony of witnesses, 
if any, draw up and subscribe their inquisition, or 
statement of the result of their investigation, setting 
forth, as nearly as they have been able to ascertain 
them, the time, manner, and circumstances of the death. 

9. Constables are commonly elected by the people of 
towns. They are bound to obey all warrants and pre- 
cepts regularly directed to them by sheriffs, coroners, 
justices of the peace, or the selectmen, or chief magis- 
trates of their town ; and they are authorized, in some 
of the states, to serve writs and process within their 
respective towns, in civil actions of small magnitude. 
Both sheriffs and constables are keepers of the peace 
within their several limits. The crier of the court is 
appointed by the court, and it is his duty to make pub- 
lic proclamation of the opening and adjournment of the 
court, to count the jurymen as they are called over by 
the clerk, to perform the ceremony of calling absent 
parties to come into court and maintain or defend their 
suits, and the like. 



CONSTITUTION OF JURIES. 51 



CHAPTER XIV. 

THE CONSTITUTION OF JURIES. 

1. Juries are of two kinds, grand jiwies, Siud petit or 
traverse juries ; whose duties are very different. The 
province of grand juries is confined to preliminary pro- 
ceedings, in criminal cases; "while the office of petit ju- 
ries is to try persons .duly charged Avith the commission 
of crimes or ofiences, and to determine questions of fact, 
in civil actions. The persons who are to compose both 
these juries are selected and summoned in neaiij'- the 
same way, but each expressly for his own office. The 
particular mode in which this is done is usually pre- 
scribed by statute, but the process is substantially as 
follows. 

2. A sufficient time before the sitting of the court, at 
which the jurors are to attend, there issues from the 
clerk's office a writ or precept called a venire facias, or 
simply a venire, which is a command to cause to come 
such a number of men, qualified to sei^ve as jurors, at 
a time and place specified in the precept. The whole 
number of jurors to be returned at any court, is appor- 
tioned among the several towns and places within the 
county or district for which the court is to be held, as 
nearly as may be in proportion to the number of inhab- 
itants in each. And in order that the duty of serving 
as jurors may not be onerous to individuals, there is 
usually provision made by law, that the same person 
shall not be required to sei-ve as juryman oftener than 
once in a stated number of years. 

3. By the common law i-."iode, the venire is directed 
to the sheriff, and he summons the jury. This method 
prevails in some of the states ; in others the practice is 
different. In Maine, Massachusetts, Connecticut, and 
New Hampshire, a venire issues to each town that is 



52 CONSTITUTION OF JURIES. 

required to send jurymen, and it is directed to a consta- 
ble of the town, but in New Hampshire to the town- 
clerk. In the New England states, at least, the names 
of those who are to serve as jurors are always drawn 
from a box. Usually a selection is made, from time to 
time, in each town, of a sufficient number of persons who 
are deemed qualitied to serve as jurors, and their names 
are written each upon a separate piece of paper, and 
put into a box. From this Jury-box, in the manner and 
by the person designated by law, as many names are 
drawn out as are equal to the number of jurors the town 
is required to return at that court. 

4. The persons thus drawn are notified of their ap- 
pointment, by the officer to Avhom the vetiire was direct- 
ed. He then returns the venire, with his doings upon 
it, and the names of the persons who have been chosen 
jurymen, to the clerk's office, on or before the first day 
of the term,^ in order that the court, in organizing the 
juries, may know who have been regularly returned. 
If both grand and petit jurors are to be appointed for the 
same court, the return of the officer must specify which 
of the jurors are to serve in one capacity, and which in 
the other. The individuals who have been appointed 
and warned, are, unless prevented by some weighty 
reason, to attend at the time and place directed, on pain 
of incurring such penalty as is prescribed by law. 

5. When the venires are returned into court, the clerk 
makes out an alphabetical list of the persons chosen 
and summoned to serve as jurors, which list is called 
2i panel. Properly, the term, jjcmel signifies the roll or 
oblong piece of paper or parchment, containing the 
names of the jurors who have been summoned, and 
their places of abode, which, according to the common 
law method, is annexed to the ojenire and returned with 
it into court If a sufficient number of jurors do not ap- 
pear, or if, at any time during the term, by challenges 
or otherwise, the panel be exhausted before a full jury 
is completed, -the court may order what is called a tales 
de circumstantihus, which is an order to the sherifi^or 
other officer, to return from among the bystanders, or 



CONSTITUTION OF JURIES. 53 

from the county at large, so many such men, that is, men 
possessing the hke quahficatious with those summoned 
on the first panel, as will supply the deficiency. Jurors 
thus selected are called talesmen. 

6. A grand juiy may consist of any number of men 
from twelve to twenty-three inclusive. It must con- 
tain twelve at least, because the concurrence of that 
number is required in order to put a party accused upon 
his trial ; and if there were more than twenty-three, 
great inconvenience might arise, since a complete-jury 
of twelve might concur in finding a bill, while an equal 
or greater number were opposed to it. The persons 
who have been summoned to serve as grand jurors be-' 
ing in attendance in court, the clerk, from his hst, calls 
them by their names, and as many as are present an- 
swer to the call, and are counted by the crier. The 
number present being ascertained, one of them is then 
appointed by the court to serve as foreman of the juiy ; 
but in some states they are permitted to choose their 
own foreman, after they have retired to their room. 
The jurymen who are in attendance, but not exceed- 
ing twenty-three in number, are then sworn by the 
clerk. 

7. The oath is administered fu'st to the foreman, if 
he has been appointed, and is in the foUowiug terms : 
" You, as foreman of this inquest, for the body of the 
county of , do swear, that you will diligently in- 
quire and true presentment make, of all such matters 
and things as shall be given you in charge, or othei-wise 
come to your knowledge, touching the present service ; 
the commonwealth's counsel, your fellows' and your 
own you shall keep secret ; you shall present no one 
for envy, hatred or malice, nor shall you leave any one 
unpresented for fear, favor, affection, or hope of reward ; 
but you shall present all things truly, as they come to 
your knowledge, according to the best of your under- 
standing." The other grand jurors are then called, 
usually a part at a time, and are sworn to observe the 
same oath which the foreman has taken. If the fore- 
man has not been appointed, the oath is first adminis- 

5# 



54 PROCEEDINGS IN CIVIL ACTIONS. 

tered to two or three of the jurors, and then the rest 
are sworn to its observance. 

8. A petit jury regularly consists of precisely twelve 
men. There are commonly petit jurors enough sum- 
moned to constitute two juries, in order that while one 
jury are deliberating upon a cause, the other may be in 
readiness to hear any other cause that may come 
before the court. The jurors being in court pursuant 
to direction, the clerk, from his list, calls over their 
names. The fixst twelve in order upon the list are then 
sworn and empanelled as a jury for the trial of any 
civil actions that may come before them during the 
term ; and in like manner the next twelve, if there be 
so many. A foreman of each jury is either chosen by 
themselves, or appointed by the court. The siqjej-nu- 
merary jurors, if any, are sworn, and are kept in attend- 
ance, that they may be put upon either of the juries, 
if occasion should require. In criminal trials, a jury 
must be sworn and organized anew for each case. 



CHAPTER XV. 

PROCEEDINGS IN CIVIL ACTIONS. 

1. Civil actions or suits are such as are brought to 
obtain redress for private wrongs, or civil injuries ; and 
their object is to put the injured party in possession of 
the right of which he has been deprived. This may 
be effected, either by a specific delivery or restitution of 
the article, .or subject matter in dispute, to the rightful 
owner ; or, where that cannot be done, as well as 
where it would be an inadequate remedy, by making 
the sufferer a pecuniary compensation in damages. 
The process of law is the instrument by which this re- 
dress is obtained ; but the act of the parties is necessary 
in order to set the law in motion. 

2. When a right to which a party deems himself 



PROCEEDINGS IN CIVIL ACTIONS. 55 

entitled, is withheld from him, and he would resort to 
the aid of the law to enforce that right, he usually ap- 
plies to an attorney, to institute legal proceedings in 
the matter. The instrument most commonly employed 
for this purpose is called a writ. The attorney pro- 
cures, at the clerk's office, blank writs, which issue in 
the name of the state, are sealed with the seal of the 
court, and signed by the clerk. The formal parts of 
the instrument are printed, with blanks left for insert- 
ing names, dates, and the cause of action ; and one of 
these blank forms is filled up by the attorney whenever 
he has occasion to make a writ. 

3. In its form, a writ is a mandatory letter, directed 
to the sheriff of the county or his deputy, or in particu- 
lar cases, to a constable or coroner, commanding him 
to do certain acts. These, according to the practice in 
New England, generally are, to attach, to a given 
amount, the goods or estate of the party who is charged 
as withholding the right, or as guilty of the injury, and 
who is called the defendant, and to summon him to ap- 
pear at court, at a time and place therein named, to 
answer to the party who complains that his right is 
withheld, or violated, and who is styled the plaintijf. 
Then follows the declaration, or statement of the plain- 
tiff's cause of action, reciting the contract, or other duty 
or liability of the defendant, and his breach of it, and 
in conclusion, laying the damages claimed by the 
plaintiff 

4. The ^^a■it is served upon the defendant, by the 
officer, sometimes by reading it to liim, or giving him 
an attested copy of it; but in the form which is in most 
frequent use, there is a separate paper, attested in the 
same manner as the writ, and called a summons, which 
is left with the defendant, informing him that such a 
suit has been commenced against him, and directing 
him to appear at court. Upon the back of the writ 
itself the officer enters a written statement of his 
doings in tlie matter, which is called his return, and 
which, as between the parties to the action, cannot be 
controverted. The writ must be served a certain period 



56 PROCEEDINGS IN CIVIL ACTIONS. 

of time before the first day of the court to which it 
is returnable, and on that day the officer is required, 
in pursuance of a command expressed in it, to have the 
"writ in court. 

5. The clerk receives the v^^rits and puts them upon 
file ; and all those which have not already been settled 
by the parties, are, at the request of the several attor- 
neys by whom they were made, entered in court by 
the clerk. This is done by writing the names of the 
plaintiff and defendant in each action, and numbering 
the actions consecutively, in a blank book, ruled and 
prepared for the purpose, denominated a docket. The 
name of the attorney who causes the action to be en- 
tered, is written in the margin, opposite to that of the 
plaintiff After the docket is made up, the attorney, 
if any, employed by the defendant to appear in his be- 
half, writes his name upon the docket, opposite or 
underneath the name of the defendant; which is called 
entering an a2:)pearance. 

6. Early in the term the docket is called by the 
court, that is, the names of the parties in the actions 
are read in their order by the clerk, who minutes upon 
the docket the manner in which each action is dis- 
posed of If there is no appearance on the part of any 
defendant, he is defaulted, as it is termed. For this 
purpose, the crier makes proclamation for thes defen- 
dant, caUing him by name, to come into court, and 
answer to the plaintiff^ or his default will be recorded ; 
and if he do not appear, either personally or by attorney, 
the entry of default is made upon the docket. The 
rest of the cases are marked for trial, or continued to 
the next term, or otherwise disposed of, as the attorneys 
of the parties can agree, and the court shall direct. 
All the actions of which no final disposition is made 
during the term, are continued, and go to form the old 
docket for the next term of the court. 

' 7. On the first day of the sitting of the court, the 
persons who have been summoned to serve as petit 
jurors, are in attendance, and are organized into juries 
for the trial of causes. Such a jury should consist, 



PROCEEDINGS IN CIVIL ACTIONS. 57 

uniformly, of twelve men, and neither party is obliged 
to proceed with a less number. But that is occasion- 
ally done, in civil actions, by agreement of the parties, 
where a juror is sick, absent, or the like, when a cause 
comes on for trial. Jurors may be objected to, or as it is 
termed, challenged, by either party, for cause shown ; 
such as that the juror is wanting in the requisite quali- 
fications, or is unfitted for the service by reason of 
relationship to either party, or by interest, partiality, or 
other sufiicient cause. If the objection is sustained, the 
juror is set aside, and another is substituted in his place. 

8. The office of a jury, in civil actions, is to try 
issues of fact. An issue is some specific point or mat- 
ter, aflirmed on the one side, and denied on the other. 
This issue or point disputed between the parties, and 
mutually proposed and accepted by them as the sub- 
ject for decision, is evolved by a series of alternate 
allegations on the one side and the other, called plead- 
ings, which are previously drawn up in writing by the 
attorneys of the parties. This pjrocess, however, is 
greatly simplified, in many of the states, by statute 
provisions. When the result is attained, the parties 
are said to be at issue ; and the cjuestion so set apart 
for decision is itself called the issue. If it be an issue 
or Cjuestion of hao, it is to be decided by the court ; if 
an issue in fact., by the jury. 

9. The jury are sworn well and truly to try the 
causes committed to them, and to render a true ver- 
dict according to law and the' evidence given them. 
They are to take no matter into consideration but the 
question in issue ; that cjuestion, and that alone being 
before them for trial. They are bound to give their 
verdict for the party, who, upon the proof, appears to 
them to have established his side of the issue. The 
burden of proof is regularly upon the party who main- 
tains the affirmative of the issue, a negative being, in 
general, incapable of proof; and consequently, unless 
the affirmative is made out, the jury are to consider 
the negative as estabhshed, and are to ^ivc their ver- 
dict accordingly. 



58 TRIAL OF CIVIL ACTIONS. 

10. The attendance of witnesses at court, is either 
vohmtary, upon the request of the parties, or it is en- 
forced by causing to be served upon Iheni a summons, 
called a subpozna, and by payment of their fees. The 
witnesses when called at the trial, are sworn to declare 
the truth, the whole truth, and nothing but the truth, 
relative to the cause in hearing. After a witness has 
been examined by the party who offers him, which is 
called the examination in chief, he may be examined by 
the opposite party. This, which is styled \\\.%' cross- 
examination, is designed to test the ability and willing- 
ness of the witness to tell the truth ; and it is directed 
to ascertaining his opportunity and capacity to acquire 
a knowledge of the facts to which he testifies, his powers 
of memory, liis situation in respect to the parties, and 
his motives. 



CHAPTER XVI. 



TRIAL OF CIVIL ACTIONS. 



1. The whole proceeding of trial by jury takes place 
under the direction and superintendence of the presid- 
ing judge or judges, in this connection usually denom- 
inated the court. It is the duty of the court to decide, 
for the time being, all questions that arise in the course 
of the trial, respecting the competency of witnesses, 
and the admissibility of evidence ; and to direct the 
jury on points of law, so far as is necessary for their 
guidance in appreciating the legal effect of the evi- 
dence, and drawing from it the proper conclusions. 
But as questions of law, at the trial, must be decided 
upon first impression, and without opportunity to con- 
sult authorities, there is commonly some provision by 
which exceptions may be taken to these summary 
rulings of the court, and carried to a higher tribunal, or 
to the full court, to be decided afterwards, upon delib- 
eration and argument. 



TRIAL OF CIVIL ACTIONS. 59 

2. When a cause comes on for trial, it is usually 
conducted by one or more counsel on each side. The 
counsel for the party having the affirmative of the 
issue, who is generally the plaintiff, opens the cause to 
tlie jury, by reading the writ and pleadings, or stating 
the substance of them. He next gives a general out- 
line of the case, states the positions he proposes to 
establish, and observes upon the evidence which he 
intends to adduce to substantiate them. He then calls 
his witnesses, who are examined and cross-examined, 
and also produces and reads to the jury such document- 
ary evidence as he may have, which he wishes to put 
mto the case. 

3. The counsel upon the other side then opens the 
defence and states the nature of it, and produces his 
evidence to support it. He then addresses the jury, 
and goes into a full argument of the case, applying 
and enforcing his own evidence, and endeavoring to 
meet the force of that arrayed against him. The 
counsel of the opening party then follows in reply, in 
like manner commenting upon the evidence on both 
sides, and answering, as best he may, the arguments 
advanced by the opposite party. When the case is 
closed, on both sides, the judge charges the jury; that 
is, he states to them what are the real points of dif- 
ference between the parties, recapitulates, sums up, 
and comments upon the evidence, and explains the 
principles of law that bear upon the case, and the man- 
ner of their application 

4. The cause is then committed to the jury, who 
retire to deliberate upon it, to a room provided for the 
purpose, in the custody of an officer, who is sworn to 
keep them, and to suffer no one else to speak to them, 
neither to speak to them himself, unless to ask them 
whether they have agi-eed. The jury are to decide the 
matter upon the evidence that has been given them in 
court. Any fact in relation to it, within the knowledge 
of any of their number, cannot be received by them, in 
the jury-room ; but in such a case, the juror may be 
sworn and give his testimony, lilce any other witness. 



60 TRIAL OF CIVIL ACTIONS. 

in open court. Unless soonei' discharged by order of 
the court, the jury are not allowed to separate until 
they have agreed upon a verdict, which must be unani- 
onously given. 

5. After the jury have decided upon their verdict, 
they come into court, bringing with them their verdict, 
in writing, wliich, if not correct already, is then put into 
form, and is signed by the foreman. The verdict is next 
read to the jury, by the clerk, who asks them if they 
agree to it, and any juror may then express his dissent ; 
but if it is affirmed by them all, the verdict is entered 
of record. The finding of the jury, in an action on a 
contract, for example, is, when for the plaintiff, that 
" the defendant did promise in manner and form as the 
plaintiff in his writ has declared against him;" and 
where damages are claimed by the plaintifi^, they assess 
damages at such a sum as they think warranted by the 
evidence. When the verdict is for the defendant, they 
find that the defendant did not promise in manner and 
form alleged. If the jury cannot agree, or are prevented 
by any other cause from giving a verdict, the case goes 
over, to await another trial. 

6. When a case has been decided by the verdict of 
a jury, on matters of fact, or by the court, on matters of 
law, or where the defendant has been defaulted, or, as 
is sometimes done, the plaintiff abandons his action and 
becomes nonsuited, judgment is rendered by the court 
for the prevailing party. When given for the defen- 
dant, the judgment usually is, that he recover his costs 
of suit; when for the plaintiff", that he recover his 
damages, or recover the debt or subject matter de- 
manded, together with his costs. If the judgment for 
damages be upon a verdict of a jury, it is for such sum 
as was assessed by the jury. In other cases the dam- 
ages are generally assessed by the court, or in practice, 
by the clerk, upon such sufficient evidence, as to the 
amount, as the plaintiff may produce. 

7. The costs and charges of suit, to which the pre- 
vailing party is entitled, consist of certain outlays and 
allowed fees, such as for the price of the writ, service 



TRIAL OF CIVIL ACTIONS. 61 

and entry ; for travel to and from court, and attendance 
there during the sittmg of the court, by the party's 
attorney, to take charge of the suit; for travel and 
attendance of witnesses, and various other items. The 
party himself has judgment for the costs in his ov^n 
name, but they or a sum equal to them, belong, properly, 
to the attorney, to be by him distributed among the 
several persons who have aright to them, as the sheriff, 
clerk, witnesses, and the attorney himself. The attor- 
ney is entitled to receive the bill of costs of his client, 
whether he be able to collect them of the debtor or 
not ; the right, on the part of the persons employed, to 
a compensation for their services, not depending upon 
the success of the suit, 

8. After judgment has been rendered, the prevailing 
part}'' is entitled to an execution to put in force the sen- 
tence that the law has given- This is a writ, which 
issues from the clerk's office, and is addressed to the 
sheriff or his deputy, commanding him, according to the 
nature of the judgment in the case, to give the plaintiff 
possession of the subject matter of the action, or to 
collect and pay over to the plaintiff the amount of the 
debt or damages and costs recovered, or to the defen- 
dant the amount of his costs, out of the property and 
effects of the opposite party. In those states where 
imprisonment for debt is allowed, the officer is com- 
manded, for want of finding money, goods, and chattels, 
to the acceptance of the creditor, to commit the debtor 
to prison. 

9. If the execution be not paid, when shown to the 
judgment debtor, or party against whom it runs, the 

sheriff may proceed to sell such of his property as he 
can find, and as is needed for the purjiose. Out of the 
proceeds, he satisfies himself for his fees, pays the 
amount of the execution to the creditor or lus attorney, 
and returns the residue, if any, to the debtor. Where, 
as in New England, property may be attached at the 
commencement of the action, or as it is called, on mesne 
process, such property is held until a specified time after 
judgment is rendered in the action, to ansAver to that 
6 



62 PROCEEDINGS IN CRIMINAL CASES. 

judgment in case the plaintiff shall prevail in his suit. 
The term mesne process is applied to the fii'st and inter- 
mediate process or writs in an action, as contradis- 
tinguished from final process, which is the writ of 
execution. 

10. When the execution is satisfied, the sheriff 
indorses upon it a statement ox-return to that effect, and 
then returns the writ to the court from which it issued, 
to be there filed away in the clerk's bfiice, together with 
the papers and documents in the case, and preserved as 
an evidence that the demand to which it relates, has 
been settled. After a case has been finally disposed 
of, the clerk makes out a record of it, which is a brief 
history or abstract of the proceedings in the various 
stages of the case, from fii-st to last, including all the 
orders and awards of the court in reference to it. These 
records are copied into substantially bound volumes, 
which are kept and preserved in the clerk's ofiice for- 
ever afterwards, to be referred to when occasion may 
require. 



CHAPTER XVII. 

PROCEEDINGS IN CRIMINAL CASES. 

1. Under our laws, there is a provision for the pre- 
vention of crimes, which is highly salutary, inasmuch 
as preventive justice is incomparably better than punitwe 
justice. This provision consists in requiring those per- 
sons, whom there is probable cause to suspect of future 
misbehavior, to enter into an obligation, with sufficient 
sureties, to the state, to keep the peace generally, and 
especially towards the person who makes the complaint, 
for a specified term of time. The person requesting 
the security must make oath to the truth of the com- 
plaint, and this is called swearing the peace against 
another. If the partf do not find such sureties as the 



PROCEEDINGS IN CRIMINAL CASES. 63 

justice, before whom the matter is brought, In his dis- 
cretion sliall require, he may be committed to prison till 
he does furnish them. 

2. A criminal prosecution is the means adopted to 
bring to justice, by due course of law, persons suspected 
of having committed crimes or offences. Such prose- 
cutions are carried on in the name of the state, and 
have for their principal object the general security and 
happiness of the community. When the party sus- 
pected is at large, it is commonly desirable, in the first 
instance, to have him arrested and taken into custody. 
An arrest, in criminal cases, is the apprehending or 
detaining of the person, in order to be forthcoming to 
answer an alleged or suspected crime. When a person 
is to be arrested, the proper and only safe course, where 
the circumstances of the case will admit, is, to obtain 
the authority of a magistrate, under which to proceed. 

3. For this purpose, the party who knows or sus- 
pects that a criminal offence has been committed, 
usually goes before a justice of the peace, and states 
the grounds of his complaint. The justice interrogates, 
upon oath, the accuser and the witnesses, if any are 
produced, in relation to the subject matter. The com- 
plaint is reduced to writing, and subscribed by the 
complainant. Upon this, the justice, if he is of opinion 
that there is sufficient cause for instituting proceedings, 
issues a tvarrant, in the liame of the state, under his 
o\x\\ hand and seal, setting forth the name of the per- 
son to be apprehended, if known, otherwise giving him 
the best description the nature of the case will allow, 
and reciting the substance of the accusation. 

4. The warrant is directed to the sheriff or his 
deputy, or to a constable, or other peace officer, who is 
bound to aiTest the party, if found within liis precinct. 
The order may be either general, to bring the party 
before any justice of the peace for the county, or spe- 
cial, to bring him before the justice only who granted 
the wan-ant. If the officer succeeds in making the 
an-est, he is bound to cany the prisoner immediately, or 
as soon as seasonably may be, before the proper magis- 



64 PROCEEDINGS IN CRIMINAL CASES. 

trate for examination. And such magistrate is required 
to take and complete the examination of all concerned, 
and to discharge, bail, or commit the individual accused, 
as soon as the nature of the case will allow, and 
within a reasonable time. 

5. The complainant and his witnesses must be ready 
to confront the prisoner, in whose presence the evi- 
dence must always be given, in order that he may have 
the advantage of cross-examining them, and contradict- 
ing their testimony. The party accused is not bound 
to criminate himself, nor, indeed, to answer any ques- 
tions ; but any admissions he may make, will ordinarily 
be evidence against him, on his trial. His examination, 
to make it evidence, should not be taken upon oath, the 
principle being, that every admission of the prisoner, to 
be available as evidence, must be purely voluntary. 
Accordingly, any confession obtained through improper 
influence,' whether by promises or threats, however 
slight the inducement may have been, cannot be used 
as evidence. 

6. If, upon the examination of the whole matter, it 
manifestly appears, that the suspicion entertained of 
the prisoner was wholly groundless, the magistrate may 
discharge him. But if he is of opinion that the party 
is-not entitled to be completely discharged, he is then, 
except in case of those minor offences, for which he 
may himself try, judge, and sentence the accused, to 
determine whether he shall bail, or commit him to 
prison for safe custody. In most offences of inferior 
degree, bail must be received, if suthcient security be 
offered ; in some others of a higher grade, it may be 
taken or refused, in the discretion of the magistrate ; 
while, for the most atrocious crimes, and those which. 
are punished capitally, no bail can be received by a 
magistrate. Persons charged with such crimes, it has 
been said, have no other sureties than the four walls of 
the prison. 

7. Bail is defined to be a dehvery or bailment of a 
person to his sureties, upon their giving, together with 
himself, sufficient security for his appearance at the 



PROCEEDINGS IN CRIMINAL CASES. 65 

time aiid place of trial ; he being supposed to continue 
in their friendly custody instead of going to prison. If 
the sureties are apprehensive that the party will escape, 
they may surrender him to the justice or court, and dis- 
charge themselves of their lialDility. If there appears 
probable ground to suppose that the accused will be 
tried for the ofience, it is the duty of the magistrate, to 
take from such of the witnesses before him, at the 
examination, as may probably be able to give materia, 
evidence against the prisoner, an obligation, called a 
recognizance, to appear as witnesses at the next court 
having jurisdiction of the case. And if any witness 
refuse to enter into such recognizance, he may be com- 
mitted to prison. 

8. Where a party has been apprehended for a crime 
that is not bailable, and upon the examination a case is 
made out sufficient to put him upon his trial, or where 
the charge is for an oiience which is bailable, but no 
sufficient bail is offered, he must be committed to prison 
for safe custody. For this purpose, the justice makes 
out a warrant of commitment, called a mittimus, to the 
jailer, to receive the prisoner. Every final commitment 
thus made must be in writing, under the hand and seal 
of the justice, and in the name of the state, properly 
directed to the sheriff or his deputy, the constable, and 
jailer, and containing a sufficient description of the 
prisoner, and specification of the accusation and of- 
fence, and the place, time, and mode of imprisonment. 

9. When a person thus committed is advised that 
his commitment is illegal, or that he is entitled to be 
discharged or bailed by a superior jurisdiction, he may 
obtain relief by a writ of habeas corpus, so called from 
the emphatical words in the writ, commanding to ]iave 
the body of the prisoner before the required tribunal. 
This writ is to be procured by motion to such higher 
court, in term time, or while the court is in session, or 
by application to a judge of the court, in vacation. In 
support of the application, an affidavit is usually re- 
quired, stating the circumstances under which the party 
considers himself entitled to relief If just cause be 

6* 



66 INDICTMENT AND ARRAIGNMENT OF CRIMINALS. 

shown, a writ issues, directed to the person in whose 
custody the applicant is actually detained, who is 
bound, within a certain number of days, to make re- 
turn of the writ to the court or judge by whom it was 
issued. 

10. Li this return he is required to set forth whether 
or not he has the party in his custody, and if he has, by 
whom, when, and for what cause, he was committed ; 
and, at the time of making the return, he is to bring up 
the body of the person, if in his custody or power. 
When the prisoner, as also the depositions upon which 
the commitment was founded, and the "warrant of com- 
mitment, with the writ of habeas corpus, are duly re- 
turned, the court or judge consider and determine 
whether to discharge, bail, or recommit him. The writ 
of habeas corpus is granted also in other cases where a 
person is illegally restrained or deprived of his liberty ; 
as, for example, where a minor has enlisted into the 
military or naval service, without the consent of his 
parent or guardian. 



CHAPTER Xyill 

INDICTMENT AND ARRAIGNMENT OF CRIMINALS. 

1. It is provided by the constitution of the United 
States, that, except in cases arising in the military or 
naval service, no person shall be held to answer for a 
capital or otherwise infamous crime, unless on a pre- 
sentment or indictment of a grand jury. At the open- 
ing of the court having jurisdiction of criminal matters, 
the grand jury having been first organized and sworn, 
the clerk directs the crier to make proclamation that all 
persons present keep silence while the judge delivers 
his charge to the grand jury. This charge or address 
is designed to instruct the jury in relation to the duties 
of their office ; but occasionally it is devoted chiefly 



INDICTMENT OF CRIMINALS. 67 

to some collateral subject. When the charge is con- 
cluded, the grand jury retire to a separate room, to hold 
their deliberations. 

2. All cases of persons who have undergone an 
examination on criminal charges, before justices of the 
peace, and have been either bailed or committed, and 
also other matters and complaints, come before the 
grand jury for investigation. They can, in general, 
inquire of nothing but what arises within their county 
or district. They hold their sessions in secret, examine 
witnesses upon oath, and receive other evidence that is 
laid before them. Any person Avho may be present on 
the occasion, is bound not to disclose what takes place. 
The grand jury, for the most part, hear evidence only 
in support of the charge, and not in exculpation of the 
defendant ; this being only a preliminary investigation, 
and not conclusive upon the party accused, and the 
duty of the grand jury being, merely to inquire whether 
there is sufficient ground for putting him on his trial 
before another jury of. a different description. 

3. A presentment, properly speaking, is the notice 
taken by a grand jury, at their own instance, of some of- 
fence within their knowledge. An indictment is a writ- 
ten accusation of a person, preferred to a grand jury, 
and by them presented upon* oath as true, setting forth 
the offence with sufficient certainty of time, place, and 
circumstances. Usually, by the help of the examinations 
returned by justices of the peace, and from other in- 
formation, a bill of indictment is framed, in the ffi'st 
instance, by the officer on the part of the government, 
and submitted to the grand jury, having indorsed upon 
it the names of the witnesses who are expected to give 
evidence against the party. An indictment must de- 
scribe the party accused, the nature of the offence, the 
time and manner of its commission, and other necessary 
particulars, in all material points conformably to the 
actual proofs. 

4. When the grand jury have heard the evidence in 
a case, if they think the accusation not supported, they 
write on the back of the bill, " not a true bill ;" or " not 



68 ARRAIGNMENT OF CRIMINALS. 

found." If they are satisfied of the truth of the accusa- 
tion, they indorse upon the bill, "a true bill." This in- 
dorsement is signed by the foreman, and the bill is then 
said to be found. Having disposed of all the business 
before them, the gi'and jury return into court. The 
clerk then calls all the jurymen by name, to ascertain 
that they are present. He then inquires whether they 
have agreed upon any bills, and bids them present them 
to the court ; vi^hereupon, the foreman hands them to 
the clerk, and the grand jury are then dismissed. At 
the close of the session, or earlier, all those persons in 
custody, against whom no bills have been found, are 
discharged. 

5. It sometimes happens, that an indictment is pre- 
ferred and found against a person in his absence, Avhich 
may be done equally well, since, if present, he could 
not be admitted or heard before the grand jury to op- 
pose it. But the indictment cannot, in general, be tried, 
unless the party accused be personally present. Ac- 
cordingly, if he has not been arrested, or does not appear, 

process issues, which is so denominated because it^?'o- 
ceeds, or goes forth, in order to bring the defendant into 
court, to answer the charge alleged against him. The 
term signifies, generally, the writs or judicial means em- 
ployed in any action, civil or criminal, to compel the 
appearance of parties, or to enforce obedience to the 
mandates of the court. On indictments for offences of 
a heinous character, especially, the process that issues 
is a capias, Avhich is a command to the sheriff or other 
officer, to take the individual, and have liim before the 
court. 

6. The party accused, being present in the jjroper 
court, is there arraigned; that is, he is called to the bar 
of the court, to answer the matter charged upon him in 
the indictment. The first part of this process consists 
in the clerk's calling upon the prisoner by his name, 
when brought to the bar, and, in capital cases, at least, 
commanding him to hold up his hand ; which is done in 
order that, by this physical act, the prisoner may be the - 
more certainly identified as the party named in the in- 



ASSIGNMENT OF COUNSEL. 69 

dictment. Next, the indictment is read to him distinctly, 
that he may fully understand the nature of the accusa- 
tion which he is called to meet ; and when that is fin- 
ished, the clerk concludes by asking the prisoner, " How 
say you, are you guilty or not guilty ? " 

7. If the prisoner plead guilty, the confession is re- 
corded ; and then the matter rests till sentence is pro- 
nounced. But the court are very reluctant to receive 
such confessions, especially where the punishment is 
capital, and "will sometimes, out of tenderness to the 
party's life, advise him to retract his plea. If he deny 
the charge, he answers, " not guilty ; " whereupon, the 
clerk, in behalf of the state, replies by two abbrevia- 
tions, " cul. -prit. " — which are explained to amount to a 
joinder of issue on the question of the prisoner's guilt, — 
and immediately proceeds to ask the prisoner, " How 
A\T.ll you be tried ? " to which he replies, " By God and 
my country; " and the clerk, in the humane presump- 
tion of the party's innocence, subjoins, " God send you 
a good deliverance." And thus the form of the arraign- 
ment is concluded. 

8. When the prisoner, upon his arraignment, has 
pleaded, " not guilty," counsel are assigned him by the 
court, if he be not already provided with counsel, to 
manage his defence ; and he is entitled to a speedy and 
public trial. It is sometimes thought to involve a sacri- 
fice of principle to undertake the defence of supposed 
criminals. This is prejudging the guilt of the party ac- 
cused, since surely it would not be deemed derogatory to 
any man, to defend one "who had fallen under suspicion 
of a crime, however atrocious, but who was really inno- 
cent. But it frequently happens, that in cases where 
the public feeling is the strongest against the accused, 
the guilt of the party cannot be known, for a certainty 
at least, to any one except himself; and it would be 
unfortunate, if counsel, tlu'ough the fear of being instru- 
mental in assisting the guilty to escape from justice, 
should, in fact, sutler the innocent to be sacrificed. 

9. Furthermore, every man is, in justice, entitled to 
the benefit of whatever can fairly be said in his vindi- 



70 TRIAL IN CRIMINAL CASES. 

cation, be that little or much. Counsel cannot make 
out a case before an intelligent court and jury, unless 
they have something of which to make it. And it is 
not only the right of the accused, but it is for the inter- 
est of the community, that whatever means really ex'- 
ist, should be fairly used and insisted upon in his de- 
fence. While the public security requires the punish- 
ment of the guilty, the safety of the innocent imperious- 
ly demands, that no man, be he guilty or otherwise, shall 
be punished but in pursuance of due process of law. It 
is the just pride of our country, that ours is a govern- 
ment of laics. If any man, however guilty, could be 
punished without the forms of law and of a trial, small 
would be the chance of the innocent, who had been so 
imfortunate as to turn upon liimself the torrent of pop- 
ular indignation. 



CHAPTER XIX. 

THE TRIAL IN CRIMINAL CASES. 

1. After the prisoner has been aiTaigned, and coun- 
sel assigned him, he is allowed a reasonable time to 
prepare his defence. In the mean time, a jury is sum- 
moned, or more commonly, one is taken from the regu- 
lar panels returned to court. The time for the trial hav- 
ing arrived, and the prisoner being placed at the bar, 
the clerk calls the petit jurors, who answer to their 
names. When a full jury appears, the clerk addresses 
the prisoner, and says to him, " You are now set to the 
bar to be tried, and these good men whom you shall 
now hear called, are those who are to pass between 
the state and you ; if therefore you will challenge any 
of them, you must do it as they are called, and before 
they are sworn." 

2. Challenges are either peremptorij, or for cause. 
A prisoner who is to be put on trial for his life, is al- 



TRIAL IN CRIMINAL CASES. 71 

lowed to cliallenge, without assigning any cause what- 
ever, a certain number of jurors, Avliich by the common 
law was thirty-five, but the number is sometimes lim- 
ited by statute to twenty. This is, that the prisoner 
should not be tried by any one to whom, from his ap- 
pearance or otherwise, he conceives a dislike or pre- 
judice, nor by one who may have been provoked by an 
unsuccessful exception taken to him. After the pris- 
oner has exhausted the whole number of peremptory 
challenges allowed Mm, he may still challenge as 
many other jurors as he can show good cause for set- 
ting aside. And in all criminal cases, the accused, as 
well as the government, may always challenge for 
cause. 

3. When a juror who has been called, is not chal- 
lenged, or the challenge is not allowed, he is sworn by 
the clerk, in substantially this form: "You shall well 
and truly try, and true deliverance make between the 
state and the prisoner at the bar, whom you shall have 
in charge, and a true verdict give according to the evi- 
dence." The juror who has been thus sworn, is set 
apart on the jury-box; and when a full jury of twelve 
unexceptionable men have been each sworn, in like 
manner, the clerk calls over their names, and directs 
the crier to count them, who does so, and then says to 
the juiy, " Twelve good men and true, stand together 
and hear your evidence." The rest of the jurors in at- 
tendance are then discharged. 

4. The jury having been thus organized and sworn, 
the clerk, in capital cases, calls to the prisoner at the 
bar to hold up his hand, and then directs the jury to 
" look upon the prisoner and hearken to his cause." 
He then reads the indictment, and adds, " upon this 
indictment the prisoner has been arraigned ; upon his 
arraignment he pleaded not guilty; and for his trial has 
put himself upon God and the countiy, wliich country 
you are; so that your charge is to inquire whether he 
be guilty of the crime whereof he stands indicted, or 
not guilty. If you find him guilty, say so ; if you find 
him not guilty, say so, and no more. Hear your evi- 



72 TRIAL IN CRIMINAL CASES. 

dence." In trials for niisdemeanors, or minor offences, 
the indictment is not always formally read over to the 
jury. 

5. The counsel for the prosecution, being usually 
the attorney general, or district attorney, or both of 
them, appearing officially in behalf of the state, then 
open the case, giving an outline of the indictment, and 
stating the circumstances of the offence, and the lead- 
ing facts which they expect to prove. The evidence 
on the part of the government is then put in, the wit- 
nesses being examined always in the presence of the 
prisoner. When the evidence for the prosecution is 
concluded, the counsel for the prisoner opens his case 
to the jury, states his grounds of defence, and intro- 
duces his evidence. The prisoner is entitled to have 
compulsory process to bring into court witnesses in his 
favor. The evidence for the defendant being all in, 
his closing counsel argues the case fully to the jury, and 
is followed by the closing counsel on the part of the 
state. 

6. The counsel on both sides having concluded, the 
court next address the jury, instructing them in rela- 
tion to the law, and summing up the evidence in the 
case. The jury then retire to a room, provided for the 
purpose, in charge of a sworn officer, who is to keep 
them together, and apart from every one else. During 
their deliberations they are allowed no refreshment, 
without the permission of the court ; nor can they, but 
with the like permission, separate until they have 
agreed upon a verdict, in which they must be unani- 
mous. A jury sworn and charged in a capital case, 
cannot, unless from evident necessity, be discharged 
till they have given a verdict. During the progress of 
criminal trials especially, precautions are taken to keep 
the jury as far removed as possible from foreign influ- 
ences; and in capital cases, at least, if the court ad- 
journ from day to day, the jury retire together under the 
care of an officer. 

7. When the jury have agreed upon their verdict, 
they return to the jury-box, the court being in session, 



TRIAL IN CRIMINAL CASES. 73 

and the defendant present. The clerk then calls them 
by their names, to ascertam that they are all present, 
and asks them whether they have agreed on their ver- 
dict ; to which they answer in the affirmative. He then 
inquires, "Who shall speak for you?" and some one 
replies, " The foreman." The clerk then requests the 
prisoner to hold up his hand, and the jury to look upon 
the prisoner, and say whether he is guilty or not guilty. 
The foreman answers as the verdict is, and the clerk 
having "written down the answer upon the record, again 
addresses the jury : " Hearken to your verdict, as the 
court has recorded it. You say that the prisoner is 
guilty, (or not guilty, as the case may be,) of the crime 
whereof he stands indicted. So you say, Mr. foreman ; 
so say you all." 

8. If the jury, by their verdict, find the prisoner not 
guilty, he is, in general, forever discharged of the ac- 
cusation, and on such acquittal, is immediately set at 
liberty. It is declared by the constitution of the 
United States, that no person shall be subject, for the 
same oiTence, to be put twice in jeopardy of life or 
limb. But if the jury find him guilty, he is then said 
to be convicted of the crime with \vhich he was charg- 
ed; and judgment is afterwards pronounced against 
him by tlie court. There are several modes, by which, 
at the different stages, the proceedings may be vacated, 
if they have been, in any respect, essentially irregular 
or defective. In general, also, the executive is invested 
with the power of pardoning offences, after conviction. 
But if none of these means can be resorted to with 
effect, the judgment or sentence of the court is carried 
into execution, according to its terms. 



74 IMPEACHMENTS. 



CHAPTER XX. 



IMPEACHMENTS. 



1. By the constitution of the United States it is 
provided, that the house of representatives shall have 
the sole power of impeachment, and the senate the 
sole power to try all impeachments. And it is de- 
clared that the president, vice president, and all civil 
officers of the United States, shall be removed from 
office, on impeachment for, and conviction of treason, 
bribery, or other high crimes and misdemeanors. Pro- 
visions of substantially the same nature, are found in 
most of the state constitutions. The object of prose- 
cutions of this sort has been stated to be, to reach high 
and potent offi^nders, who would be likely to escape 
punishment in the ordinary tribunals, either from their 
own great influence, or from the imperfect organization 
and poAvers of those tribunals. 

2. The process of impeachment i& instituted by a 
formal accusation, called articles of impeacJmient, which 
are in the nature of a bill of indictment. When an 
officer, who is subject to this species of prosecution,' 
is supposed to have been guilty of any official miscon- 
dact or malversation in office, the matter having been 
brought before the house of representatives, by motion 
of a member, or by memorial, or otherwise, is usually 
referred to a committee for investigation. If the com- 
mittee are of opinion that the case is such as to require 
the exercise of this constitutional power, they recom- 
mend in their report to the house, that the party be 
impeached. 

3. If a majority of the house are in favor of im- 
peachment, a resolution is passed accordingly, and a 
committee of the house is then appointed to go to the 
senate, and in the name of the house of representa- 
tives and of the people, to impeach the party, and to 



IMPEACHMENTS. 75 

acquaint the senate that, in due time, particular arti- 
ticles of impeachment \vi\\ be exhibited against him, 
and made good. A committee of the house is next 
selected to prepare and report articles of impeachment, 
and when the house have agreed upon the articles, 
they choose managers to conduct the proceedings. 
On the day appointed by the senate for that purpose, 
the managers repair to the senate chamber, and the 
articles are there read by one of their number, and 
handed in at the table of the secretary. 

4. The senate issue process, which is sensed, and 
a return of it made, under oath, by the sergeant at 
arms of the senate, summoning the party accused, to 
appear before that body, on a stated da}^ to answer 
to the articles. On the day assigned, the senate re- 
solve themselves into a court of impeachment, and the 
party impeached is called to answer. If he does not 
appear, his default is recorded, and the charge may be 
tried in his absence. If he appears, an issue is framed 
bet\veen the government and the accused, and a time 
is fixed for the trial. The general rules of law and 
evidence, appUcable to common trials, are observed in 
the proceedings. The trial is conducted, on the part of 
the house, by their managers ; on the part of the 
accused, by himself and liis counsel; and the senate 
sit as judges. 

5. When sitting as a court of impeachment, the 
senators are required to be under oath or affirmation to 
do justice according to law. AVhen the president of 
the United States is tried, the chief justice of the su- 
preme court is to preside at the trial. There must be 
a quorum of the senate present, to try an impeach- 
ment, and no person can be convicted without the con- 
cuiTence of two thirds of the senators present. It is 
also provided by the constitution, that judgment in 
cases of impeachment shall not extend further than to 
removal from office and disqualification to hold and 
enjoy any office of honor, trust, or profit under the 
United States. But the person convicted is, neverthe- 
less, liable to indictment, trial, judgment and punish- 



76 CONGP.ESS. 

ment, according to law. The provisions of the state 
constitutions, in this respect, are essentially the same. 
6. The trial of impeachments being before a politi- 
cal tribunal, the oiFence is, for that purpose, regarded 
in a political point of view ; and the punishment ad- 
ministered is such as will serve to secure the public 
against political injuries, by taking from the offender 
the opportunity of doing further harm. But in so far 
as the offence is of a civil nature, it is left to be dis- 
posed of by the ordinary tribunals of justice, according 
to the laws of the land, upon an indictment found by a 
grand, jury, and tried by a petit jury, as in common 
cases. Where the executive is invested with the 
power of pardoning offences, cases of impeachment are 
expressly excepted. For, otherwise, in the event of a 
corrupt coalition among the officers of government, the 
chief magistrate would have it in his power to screen 
the guilty, arid frustrate the object of this kind of 
prosecution. 



CHAPTER XXI. 



CONGRESS. 



1. All legislative power granted by the constitution 
of the United States, is vested in a Congress, consisting 
of a senate and house of representatives, which are 
independent bodies possessed of coordinate powers. 
The house of representatives is composed of mem- 
bers chosen every second year, in the several states, 
by persons qualified to vote for members of the more 
numerous branch of their own state legislature. No 
one can be a representative, who has not attained to 
the age of twenty-five years, and been seven years a 
citizen of the United States, and who is not, when 
elected, an inhabitant of the state in which he is cho- 
sen. Nor can any person be a member of either house, 
while he holds any ofhce under the United States, 



CONGRESS. 77 

2. The representatives are required to be appor- 
tioned among the states, according to their numbers, 
as determined by adding to the whole number of free 
persons, inckiding those bound to service for a term of 
years, and exchiding Indians not taxed, three fifths 
of all other persons. This mode of determining the 
numbers was adopted with reference to the slaves. In 
the convention that framed the constitution, the slave- 
holding states contended for a representation according 
to the whole number of persons, without distinction of 
condition; the other states, for one according to the 
number of free persons only. The controversy was 
finally settled by a compromise, by which three fifths 
of the slaves Avere to be reckoned along with the free 
persons, and to be represented accordingly. 

3. The number of inhabitants is ascertained by an 
actual enumeration, or census, made every ten years, 
and upon each neAV census there is a hew apportion- 
ment of representatives, which goes into effect on the 
4th of March of the third year after the census is 
taken. In making the apportionments, a practical diffi- 
culty arises, inasmuch as the number that may be fixed 
upon for the ratio, will never be an exact common 
divisor of the numbers in each state, but will leave a 
fraction in most or all of the states. The course pursued 
under the fu-st five enumerations was to allow to each 
state one representative for every time the entire ratio 
adopted, was contained in its numbers, and to reject all 
fractions. But under the sixth census, that of 1840, an 
additional representative is allowed to each state, of 
which there are five, having a fraction greater than a 
moiety of the ratio. 

4. By the constitution, the number of representa- 
tives cannot exceed one for every thirty thousand ; but 
each State is entitled to have at least one representa- 
tive. It was provided that an enumeration of the in- 
habitants should be made within three years after the 
first meeting of the congress of the United States. 
The number fijxed to compose the house of repre- 
sentatives, until such enumeration should be made, 

7* 



78 CONGRESS. 

was sixty-five, who were specifically distributed among 
the thirteen states. The number of representatives, 
according to the several apportionments made upon 
the census of 1790, and each subsequent decennial 
census, and the ratios upon which those apportion- 
ments have proceeded, have been determined in such 
manner as congress has thought fit, in each case. 
Every organized territory of the United States is al- 
lowed one delegate, who has a seat m the house of 
representatives, with the right of debating, but not of 
voting. 

5. The times, places, and manner of holding elec- 
tions for representatives, are left to be determined by 
the different state legislatures, but congress may, at 
any time, by law, make or alter such regulations. The 
representatives are generally chosen at the state elec- 
tions which are held next preceding the 4th of March 
on which their term is to commence. For the choice 
of representatives, most of the states have usually 
been divided into districts, each district choosing one 
or more representatives ; but in some of the states 
they have been chosen by general ticket, throughout 
the state. By the act of congress of 1842, the repre- 
sentatives of each state which is entitled to more than 
one, are required to be elected by districts composed 
of a contiguous territory, equal in number to the num- 
ber of representatives to wliich the state is entitled, no 
one district electing moTe than one representative. 
When vacancies happen in the representation of any 
state, it is the duty of the executive of the state, to 
issue writs of election to fill them. 

6. The senate of the United States is composed of 
two members from each state, chosen by the state 
legislatures, for six years, and each senator has one 
vote. In the equal suffrage of the states in the sen- 
ate, a feature of the confederation is observable. Under 
that system each state had, in congress, one vote. In 
the convention which framed the constitution, the 
smaller states strove to retain this equality, which the 
larger states resisted. The basis of numbers was 
finally agreed to in reference to the house of repre- 



CONGRESS. 79 

sentatives, and after a severe and protracted struggle, 
the basis of equality was conceded in regard to the 
senate. No person can be a senator who has not at- 
tained to the age of thirty years, and been nine years a 
citizen of the United States, and who is not, when 
elected, an inhabitant of the state for Avhich he is 
chosen. 

7. From the manner in which it is constituted, the 
senate might naturally be supposed to be a more 
stable and independent body than the house of repre- 
sentatives ; and such it was doubtless designed to be. 
But there is a provision superadded, which, without 
impairing the efficiency of the senate, serves to keep 
it sufficiently within the control of the people. At their 
ffi-st meeting under the constitution, the senators were, 
as directed by that instrument, divided as equally as 
possible into three classes, whose seats were to be va- 
cated at the expiration of two, four, and six years, 
respectively. The senators of states since admitted 
into the Union, have been equally distributed among 
these tbree classes, so that one third of the senate is 
renewed regularly every second year. 

8. The provision as to the times and manner of 
choosing senators, is the same as in regard to the choice 
of representatives ; but congress has no authority to 
prescribe the place for choosing senators, it being 
deemed but reasonable tliat the state legislatures 
should select their own place of sitting. In some of 
the states it is the custom to choose the senators by a 

joint vote of the two branches of the legislature, assem- 
bled in convention, and voting as one body. In others, 
they are chosen by a concurrent vote, each branch 
voting separately and independently, and their concur- 
rence being reqidred for a choice. The latter mode is 
the more generally practised. If vacancies in its sena- 
torial delegation happen, by resignation or otherwise, 
during the recess of the legislature of any state, the 
executive of the state may make temporary appoint- 
ments,- to continue until the next meeting of the legis- 
lature, which shall then ffil such vacancies. 



80 MEETINGS OF CONGRESS. 

CHAPTER XXII. 

MEETINGS AND PRIVILEGES OF CONGRESS. 

1. The constitution declares that congress shall 
assemble at least once in every year, and that such 
meeting shall be on the first Monday in December, un- 
less they shall by law appoint a different day. And on 
extraordinary occasions, the president may convene 
both houses, or either of them. The first session of 
congress under the constitution, was held in the city 
of New York. Afterwards, the sessions were held at 
Philadelphia, until the year 1800, when the place of 
meeting Avas transferred to Washington, in the District 
of Columbia, which had been selected by congress, 
and ceded by IMaryland and Virginia, to the United 
States, under authority of the constitution, to be the 
permanent seat of the national government. 

2. The whole term of two years, for which repre- 
sentatives are elected, commencing on the 4th of 
March, is called one congress. The sessions have fre- 
quently, by special act of congress, or by proclamation 
of the president, commenced at an earlier day than 
that prescribed -by the constitution, and in six instan- 
ces, there have been distinct extra sessions, thus mak- 
ing three sessions for each of those congresses. The 
first session of each congress may be continued indefi- 
nitely. Usually, the first regular session has not ex- 
tended beyond the month of May, succeeding its com- 
mencement; but in a few cases it has been protracted 
as late as to July, and the session in 1842 continued 
till the end of August. The last session of the congress 
necessarily closes on the 3d of March, since the term 
of office of the representatives and of a part of the 
senators, then expires. 

3. On the meeting of a new congress, the presi- 
dent of the senate calls that body to order, and qual- 



MEETINGS OP CONGRESS. 81 

ifies the new members, and they then, through their 
secretary, acquaint the house of representatives, if such 
be the fact, that a quorum of the senate is assembled, 
and ready to proceed to business. The house of repre- 
sentatives is called to order by the clerk of the house 
for the preceding congress, who then calls, in the order 
of the states, the names of those persons who, from 
the proper evidence furnished to him, appear to have 
been elected members. When through, he announces 
the attendance of a quorum, if so many have answered. 
The house then proceed to the election of a speaker. 
This was always done by ballot, until a few years since, 
when the method of voting viva voce, that is, orally, 
was introduced into the house. The speaker holds his 
office for the entire congress. 

4. On his taking the chair, an oath to support the 
constitution of the United States is administered to 
the speaker, usually by the oldest member of the 
house. The members are next called, in the order of 
the states, and as many as are present are sworn, 
in like manner, by the speaker. The others are quali- 
fied as they appear, before taking their seats. After 
ihe house is organized by the choice of a speaker, a 
message to that effect is sent to the senate. A joint 
committee is then appointed to wait on the president 
of the United States, and inform him that a quorum of 
the two houses has assembled, and that congress is 
ready to proceed to business. Thereupon, he usually 
sends, by his private secretary, a message to both 
houses, which is read in each by its secretary or clerk. 
Formerly it Avas the custom for the president, instead 
of sending a message, annually to deliver a speech to 
congress, to which each house returned a formal answer. 

5. The vice president of the United States is, by 
the constitution, made president of the senate, but 
has no vote except in case of an equal division of the 
senators, when he has a casting vote. The senate 
choose a president pro temjjore, that is, for the time 
being, in the absence of the vice president, or when he 



82 PRIVILEGES OF CONGRESS. 

exercises the office of president of the United States. 
It is the practice for the vice president to vacate the 
chair, a short time before the close of each session, to 
enable the senate to choose a president pro tempore, 
who may be already in office, in case the vice presi- 
dent, in the recess of congress, should be called to 
perform the duties of chief magistrate. The office of 
president pro tempore is understood to terminate, when 
the vice president appears and takes the chair. 

6. The clerk of the house of representatives is 
deemed to continue in office until another is appointed ; 
which is usually done soon after the commencement of 
each congress. About the same time, the house 
choose a sergeant at arms, door keeper, postmaster, and 
a printer to the house of representatives. These 
officers are elected, at present, viva voce, the speaker 
naming cammonly three tellers to superintend the 
voting. The senate choose their secretary, sergeant 
at arms and door keeper, and assistant door keeper, by 
ballot, on the second Monday of the ffi-st session of 
each congress ; and they likewise choose a printer to 
the senate. Each house elects a chaplain, at every 
session. The secretary of the senate and clerk of 
the house of representatives, besides taking an oath 
of office, each give bond, in the sum of twenty thou- 
sand dollars, conditioned for the faithful application of 
such contingent funds of their respective houses, as 
shall come to their hands. 

7. Members of congress are allowed eight dollars 
a day for attendance, and the same sum for every 
twenty miles of estimated distance, by the most usual 
route, from their several places of residence to the seat 
of government, at the commencement and end of every 
session. But no member is entitled to receive a sum 
exceeding the rate of eight dollars a day, from the end 
of one session or meeting, to the time of taking his 
seat in another. The president of the senate pro 
tempore, when the vice president is absent, or his 
office vacant, and the speaker of the house of repre- 



PRIVILEGES OF CONGRESS. 83 

sentatives, are paid eight dollars a day for attendance, 
in addition to their compensation as members. The 
amount of pay due to the senators is certified by the 
president of the senate ; and that of the representa- 
tives and delegates, by the speaker. 

8. Each house of congress is made the judge of 
the elections, returns, and qualifications of its mem- 
bers, determines the rules of its own proceedings, and 
is invested with authority tQ punish its members for 
disorderly behavior, and with the consent of two thirds, 
to expel a member. No power is expressly given to 
punish contempts, committed by persons not members, 
but it has been decided that such a power exists, ex- 
tending, however, not beyond imprisonment, which will 
terminate with the adjournment of congress. A ma- 
jority of each house constitutes a quorum to do busi- 
ness, but a smaller number may adjourn from day to 
day, and may be authorized to compel the attendance 
of absent members. Neither house can, without the 
consent of the other, adjourn for more than tlu-ee days, 
nor to any other place than that in which the two 
houses are sitting at the time. 

9. Each house- is required to keep a journal of its 
proceedings, wliich is to be published, except such 
parts as may, in their judgment, require secrecy; and 
they are to enter the yeas and nays on any question, upon 
their journal, when demanded by one fifth of the mem- 
bers present. This restriction is designed to prevent 
the waste of time by a recurrence to that mode of 
voting, at the caprice of one or a few individuals. The 
members of both houses are, except in cases of treason, 
felony, and breach of the peace, privileged from an-est, 
during their attendance upon congress, and wliilst 
going to its meetings and returning ; and for any speech 
or debate in either house, they cannot be question<ed 
elsewhere. No member of congress is allowed, during 
the time for which he was elected, to hold any civil 
office under the national government, which shall have 
been created, or the emoluments of it increased, within 
that time. 



84 RULES AND PROCEEDINGS OP CONGRESS. 

10. There are, at present, twenty-two regular standing 
committees in the senate, nineteen consisting of five, 
the others of three members each ; and thirty-three in 
the house of representatives, of which twenty-two 
contain nine, and eleven five members each. There 
are also, usually, several select committees on particu- 
lar subjects of immediate but temporary interest. The 
committees are appointed at the opening of each ses- 
sion, to continue in offiee through the session. In 
appointing their committees, the senate, by ballot, 
choose, separately, the chairman of each committee, 
and. then, by one ballot, the other members to com- 
plete the committee. But sometimes it is left to the 
president of the senate to fill up the committees, after 
the several chairmen have been elected, or even to 
a;ppoint all the members. In the house of represen- 
tatives, all committees are appointed by the speaker, 
unless otherwise specially directed by the house ; in 
which case, they are elected by ballot. 



CHAPTER XXIII. 

RULES AND PROCEEDINGS OF CONGRESS. 

1. Each house of congress has its own separate 
rules ; and there are also certain joint rules of both 
houses. The rules established by the house of repre- 
sentatives, at least, for one congress, are not binding 
upon the succeeding house, until it has adopted them, 
as its own. But, in practice, the same rules are con- 
tinued from congress to congress, with such occa- 
sional modifications and additions as circumstances are 
thought to require. At the hour appointed for the 
meeting of either house, the presiding oflicer takes the 
chair, and calls the house to order. Upon the appear- 
ance of a quorum, the journal of the preceding day 
is read, in order that any mistakes in the entries may 



RULES AND PROCEEDINGS OF CONGRESS. 85 

be corrected. The speaker of the house of represen- 
tatives is required to examine and correct their jour- 
nal, before it is read. 

2. No member of either house is allowed to absent 
liimself from its serAdce without leave. If a less num- 
ber than a quorum of the senate convene, they may 
send the sergeant at arms, or other authorized person, 
for members who are absent, at the expense of those 
members unless they shall ofler a satisfactory excuse 
for their absence. Upon a call of the house of repre- 
sentatives, the names of the members are called over 
by the clerk, and the absentees are noted and called a 
second time. The doors are then shut, and those 
present, if fifteen in number, may order members to be 
taken into custody, as they appear, or may send special 
messengers for them. And when a member is dis- 
charged front custody and admitted to his seat, the 
house determine whether or not he shall pay fees and 
expenses. 

3. In the senate, after the journal is read, the first 
business is the call for petitions, and then for reports 
from standing committees. The special orders of the 
day are not to be called by the chair before one o'clock, 
unless othenvise directed by the senate. In the house 
of representatives, the speaker first calls for petitions 
from the several states and territories, in their order ; 
but after the first thirty days of the session, petitions 
are received only on the first day of the meeting of the 
house in each week. Reports of the standing, and 
then of the select committees, and aftenvards resolu- 
tions, are called for. After an hour has been devoted 
to reports of committees and resolutions, any member 
may move to proceed to the orders of the clay. The 
business of hearing petitions, reports and resolutions, 
cannot, except by permission of the house, be done at 
any other time in the day, than that which is appropri- 
ated to the pui-pose. 

4. When a petition or memorial is presented in 
either house by the presiding officer or a member, a 
brief statement of the contents of it is required to be 



86 RULES AND PROCEEDINGS OF CONGRESS. 

verbally made by the introducer. In each house, the 
unfinished business in which that house was engaged 
at the last preceding adjournment, has the priority in 
the special orders of the day. In the house of repre- 
sentatives, the last two days in every week are set 
apart for the consideration of private bills, and private 
business, in preference to any other, if not otherwise 
decided by the house. After six days from the com- 
mencement of a second or subsequent session of any 
congress, matters which originated in the house of 
representatives, and at the close of the preceding ses- 
sion remained undetermined, .may be resumed and 
acted upon, in the same manner as if no adjournment 
had intervened. 

5. Every bill, previous to its passage, receives in 
each house, three readings, which, in the senate, must 
be on three different days, unless the senate unani- 
mously direct other"wise ; and in the house of repre- 
sentatives, no bill can be read twice on the same day 
without the special order of the house. No member 
can, without leave, speak more than twice in any one 
debate, on the same day, in the senate ; nor, in the 
house of representatives, more than twice to the same 
question, nor more than once until every member has 
spoken who chooses to speak. Questions of order are 
decided by the presiding officer, subject to an appeal to 
the house. If it be determined that the member was 
in order, he may proceed ; otherwise he cannot, unless 
the house grant him leave to proceed in order. The 
president of the senate and the speaker of the house, 
may name a member to perform the duties of the chair, 
but such substitution cannot extend beyond an adjourn- 
ment. 

6. It is a standing order of the day throughout the 
session, for the house of representatives to resolve 
itself into a committee of the whole house on the 
state of the Union, when bills that have been twice 
read are taken up and discussed. In the senate, bills 
on their second reading are, regularly, first considered 
by the senate in the same manner as if that body were 



RULES AND PROCEEDINGS OF CONGRESS. 87 

in committee of the whole, before they are proceeded 
on agreeably to the standing rules. Bills for raising 
revenue must, by the constitution, originate in the 
house of representatives; but the senate may pro- 
pose or concur with amendments, as on other bills. No 
amendment can be received for discussion at the third 
reading of any bill in the senate, except by unanimous 
consent of the members present; but at any time be- 
fore its final passage, a bill may be committed. In the 
house of representatives, no amendment by way of 
rider is allowed to any bill on its third reading. 

7. In taking the vote, if the question be one of much 
importance, the yeas and nai/s are commonly called for. 
In that case, the presiding officer states what the ques- 
tion is, and that it is proposed that the yeas and nays 
be entered on the journal ; and requests those who 
desire it, to rise. If one fifth of the members present 
rise, he then calls upon those avIio are in favor of the 
proposition, to answer in the affirmative, and those of 
the contrary opinion, to answer in the negative. The 
clerk or secretary then calls over the names of the 
members, alphabetically, notes the yea or nay of each, 
and hands the list to the presiding officer, who an- 
nounces the result of the vote. Every member in the 
house is required to vote, unless, for special reasons, he 
shall be excused by the house. 

8. When the senate are eq4.ially divided upon a 
question, the secretary takes the decision of their 
president. The speaker of the house is allowed to 
vote in all cases of ballot, but not in other cases, un- 
less the house be equally divided, or unless his vote, if 
given to the minority, will moke the division equal; and 
in case of such equal division, the question is lost. 
After a question has been carried in the affirmative or 
negative, any member of the majority may move for a 
reconsideration of it. But this, in the senate, must be 
done on the day the vote was taken, or within the next 
two days of actual session of the senate, and while 
the subject matter is in their possession. In the house 
of representatives, the motion must be made on the 



88 KULES AND PROCEEDINGS OF CONGRESS. 

same or the succeeding day, and it takes precedence of 
all other motions, except to adjourn. 

9. In general, no rule of the house of represen- 
tatives can be suspended, nor the established order of 
business changed, except by a vote of two thirds of the 
members present. When a bill which has passed in 
one house is rejected in the other, notice of the rejec- 
tion is given to the house in which the bill passed ; and 
such a bill cannot be again brought in, during the same 
session, without ten days' notice, and leave of two 
thirds of the house in wliich it is renewed. It is a joint 
rule, though sometimes dispensed with, that no bill 
"which has passed one house shall be sent to the other 
for concurrence, on either of the last three days of the ' 
session ; and that no bill shall be presented to the presi- 
dent for his approbation, on the last day of the session. 

10 When nominations are made in writing by the 
president of the United States to the senate, a future 
day is assigned for taking them into consideration, un- 
less the senate unanimously direct otherwise. All 
information or remarks, concerning the character or 
qualifications of any person thus nominated to office, 
and all confidential communications, made by the pres- 
ident to the senate, are required to be kept secret by 
the members. While acting on confidential or execu- 
tive business, the senate chamber is cleared of all per- 
sons, except the members and officers of the senate. 
In like manner, when confidential communications from 
the president are received by the house of representa- 
tives, the house is cleared, and so continues while such 
matters, or others requiring secrecy, are under consider- 
ation. And, at any time, in case of disturbance or 
disorderly conduct in the galleries or lobby, the speaker 
is authorized to order them to be cleared. 

11. When a treaty is laid before the senate for 
ratification, it is read first for information only. Its 
second reading is for consideration, and is on a subse- 
quent day, Avhen it is taken up as in committee of the 
whole, and the question may be moved on any particu- 
lar article, " Will the senate advise and consent to the 



POWERS OF CONGRESS. 89 

ratification of this article ? " So, also, amendments may 
be proposed, either by inserting, or omitting Avords ; and 
in the latter case, the question is, " Shall tlie words 
stand as part of the article ? " When through the 
whole, and the proceedings in committee have been 
confij-nied in the senate proper, the votes are reduced 
into the form of a resolution for the ratification, with or 
^vithout modification, as shall have been determined. 
The resolution is proposed on a subsequent day, when 
any one may move amendments to it. In all these 
cases, and on the final question for the ratification in the 
form agreed to, the concurrence of two thirds of the 
senators present is requisite to decide affirmatively. 



CHAPTER XXIV. 

POWERS OF CONGRESS. 

1. The powers of congress are either expressly 
conferred by the constitution, or are derived from it by 
implication. The powers specially enumerated are, to 
lay and collect taxes, duties, imposts and excises, to 
pay the debts, and provide for the common defence 
and general w^elfare of the Union ; to borrow money 
on the credit of the United States ; to regulate com- 
merce with foreign nations, and among the several 
states, and with the Indian tribes ; to establish a uni- 
form rule of naturalization, and uniform bankrupt laws, 
throughout the United States ; to coin money, regulate 
the value of it, and of foreign coin, and fix the standard 
of weights and measures; to provide for the punish- 
ment of counterfeiting the securities or coin of the 
United States; to establish post offices and post roads; 
to promote science and the useful arts, by securing, for 
limited times, to authors and inventors, the exclusive 
right to their writings and discoveries ; 

2. To constitute tribunals inferior to the supreme 

8*- 



90 POWERS OF CONGRESS. 

court ; to define and punish piracies and felonies com- 
mitted on the high seas, and otTences against the law of 
nations ; to declare war, grant letters of marque and re- 
prisal, and make rules concerning captures ; to raise, 
maintain, and govern armies and a navy ; to provide for 
calling out, organizing, and disciplining the militia ; to 
admit new states into the Union; to dispose of, and 
make regulations respecting the territory or other prop- 
erty of the United States ; to exercise exclusive legis- 
lation over the district wherein is the seat of the 
national government, and over all places purchased of 
the states, for the erection of forts, magazines, arsenals, 
dock yards, and other needful buildings ; and to make 
all laws that may be necessary and proper for carrying 
into execution the poAvers vested by the constitution 
in the government of the United States, or m any 
department or officer of it. 

3. The power of taxation, above specified, is gener- 
ally understood as coupled with the clause that follows 
it ; as given, that is, for the 'purpose of raising the means 
to pay the public debts and provide for the common 
defence and welfare. Taxes, in a large sense, may be 
said to include all charges, of whatever name or kind, 
imposed upon the people, for the use of the govern- 
ment. The word duties is most frequently employed 
in the sense of customs, or money collected upon im- 
ports and exports. The term imposts, though properly 
applicable to all taxes imposed or laid upon goods and 
merchandise, is often restricted to the duties levied 
upon such commodities as are imported, or brought into 
the country from abroad. Excises commonly signify 
inland charges, which are laid upon the consumption, 
sale or manufacture of articles, within the country. 
All duties, imposts, and excises are required to be uni- 
form throughout the United States. 

4. Piracy is robbery, or forcible depredation, on the 
high seas. The tevm felojty is applied to offences of an 
atrocious nature, and commonly to such as are punish- 
able with death. The high seas are understood to be- 
gin at hio icater tnark, or the place to which the water 



rOWERS OF CONGRESS. 91 

recedes, when the tide is at its ebb, and to embrace all 
the waters of the ocean, and those on the seacoast 
below that point. The law of 7iations denotes the rules 
and regulations which custom has prescribed, in rela- 
tion to the rights and duties of nations and their sab- 
jects, in their intercourse with each other. Letters of 
marque and reprisal are commissions granted by the 
government to individuals, authorizing them to seize 
the property of a foreign state, or of its subjects, as 
a reparation for injuries suflered. 

5. There are certain express prohibitions laid upon 
congress by the constitution. The writ of habeas 
corpus shall not be suspended, unless when in cases 
of rebellion or invasion the public safety may require 
it. iSTo bill of attainder, or ex p)ost facto law, may be 
passed. No capitation or other direct tax can be laid, 
unless in proportion to the census. No tax or duty shall 
be laid on articles exported from any state. No j^refer- 
ence is to be given, by any regulation of commerce or 
revenue, to the ports of one state over those of another. 
No title of nobility may be granted by the United States ; 
and no person holding any office of profit or trust under 
them, can, ^\^.thout the consent of congress, accept of 
any present, office or title from any king, or foreign 
state. Congress can make no law respecting an es- 
tablislunent of religion, or prohibiting the free exercise 
of it; or abridging the freedom of speech, or of the 
press ; or the right of the people peaceably to assem- 
ble, and to petition the government for a redress of 
giiev^ances. 

6. A hill of attainder is properly an act passed by 
the legislature, convicting a person of a capital or other 
heinous crime, without a trial, or legal proof of his guilt. 
It is a substitution of the despotic will of a legislative 
body, in the place of a regular trial by jury, before a 
court of justice, and according to tlie rules and forms, of 
law. Ex post facto laws are such as have a retrospec- 
tive operation. As here used, the phrase relates to 
penal and criminal proceedings, imposing punishments , 
or forfeitures. An ex post facto law has been defined 



92 POWERS OF CONGRESS. 

to be one which makes an act punishable in a manner 
in which it was not punishable when it was committed. 
The effect of such laws is to create or aggravate public 
offences, by declaring acts criminal which, at the time 
they were done, were innocent and lawful, or by annex- 
ing a heavier penalty to acts, which were in a degree 
criminal when committed. 

7. Treason against the United States is defined by 
the constitution to consist only in levying war against 
them, or adhering to their enemies, giving them aid 
and comfort. To convict a person of this crime re- 
quires the testimony of two witnesses to the same overt, 
or open act ; or confession in open court. Congress is 
authorized to declare the punishment of treason, but it 
is provided that no attainder of treason shall work cor- 
ruption of blood, or forfeiture, except during the life of 
the person attainted. By attainder of treason is de- 
noted the condition of a person after judicial convic- 
tion and sentence for treason. By the common law, 
the regular consequences of attainder were forfeiture 
and corruption of blood; that is, the estate of the attaint- 
ed person was forfeited, or confiscated to the crowoi, 
and his blood lost all inheritable qualities, so that he 
could neither inherit real estate himself from any 
ancestor, nor hold that he already possessed, nor trans- 
mit it to any heir ; and, moreover, he obstructed all de- 
scents to his posterity, wherever they were obliged to 
derive a title through him from a more remote ancestor. 

8. A capitation tax, is a p)oll tax, or a tax upon the 
person. Direct taxes are such as are assessed directly 
upon the persons or estates of citizens, in contradistinc- 
tion to taxes which are raised indirectly, from duties 
and imposts levied upon goods and merchandise, and 
which are paid by those who import, manufacture, 
consume, or traffic in the articles subject to such duties. 
Direct taxes are laid in proportion to the census, the 
numbers being determined according to the same rule as 
for the apportionment of representatives ; so that they 
are imposed for three fifths of the slaves, as well as for 
all free persons. This provision in regard to direct 



POWERS OF CONGRESS. 93 

taxes was considered as in some sort a counterpoise 
for allowing that proportion of the slaves to be repre- 
sented. But in fact, it has been of little practical 
importance, since direct taxes have been but rarely 
laid, there having been no more than three or four 
since the constitution was adopted. 

9. The constitution also imposes some restrictions 
upon the states. It declares that no state shall enter 
into any treaty, alliance or confederacy ; grant letters 
of marque and reprisal; coin money; emit bills of cred- 
it; make any thing but gold and silver coin a tender 
for debts ; pass any bill of attainder, ex jwst facto law, 
or law impairing the obligation of contracts ; or grant 
any title of nobility. No state is allowed, without the 
consent of congress, to lay any duties on imports or 
exports, except, under certain restrictions, for executing 
its inspection laws. Neither can any state, without 
the like consent, impose any duty on tonnage, keep 
troops or ships of war in time of peace, or enter into 
any agreement or compact with another state, or with 
a foreign power, or engage in war, unless actually 
invaded, or in such imminent danger as will not admit 
of delay. 

10. Besides those that have been already referred 
to, there are some salutary pro\T.sions of a general 
nature, designed as safeguards against encroachments 
ui)on the liberties of the people. It is provided that the 
right of the people to keep and bear arms shall not be 
infringed. No soldier can, in time of peace, be quar- 
tered in any hoiise, without the consent of the owner ; 
nor, in time of war, but in a manner to be prescribed by 
law. Private property cannot be taken for public use, 
without just compensation. It is declared that the right 
of the people to be secure in their persons, houses, 
papers and effects, against unreasonable searches and 
seizures, shall not be violated; and that no warrants 
shall issue but upon probable cause, supported by oath 
or affirmation, and particularly describing the place to 
be searched, and the persons or things to be seized. 



94 NATIONAL JUDICIAK-Y. 



CHAPTER XXV. 



THE NATIONAL JUDICIARY. 



1. By the constitution, the judicial power of the 
United States is vested in a sujjreme court, and in such 
inferior courts as congress may, from time to time, 
order and estabhsli. Congress has estabhshed circuit 
courts, Vhich are courts oi limited, though not oi inferior 
jurisdiction, and district courts. The judicial power ex- 
tends to all cases arising under the constitution, the 
laws and treaties of the United States ; to all cases 
alFecting ambassadors, other public ministers and con- 
suls ; to all cases of admiralty and maritime jurisdic- 
tion; to controversies to which the United States are a 
party ; to controversies between two or more states ; 
between a state, when plaintiff, but not otherwise, and 
citizens of another state, or foreigners ; between citi- 
zens of different states ; between citizens of the same 
state claiming lands under grants of different states ; 
between a state, or its citizens, and foreign states ; and 
between citizens of a state and foreigners. 

2. The origincd jurisdiction of the supreme court, 
meaning thereby its authority to entertain suits com- 
menced there in the first instance, is very limited, ex- 
tending only to cases in Avhich a state is a party, and to 
cases afiecting ambassadors, other public ministers and 
consuls. And in these cases, where a suit is brought 
by a state against citizens or aliens, or by an ambas- 
sador or other public minister, or where a consul or 
vice consul is a party, the jurisdiction of the supreme 
court is not exclusive ; that is, the suit is not necessarily 
brought in that court. The supreme court has likewise 
appellate jurisdiction in some cases brought from the 
circuit and territorial courts of the United States, and 
from the state courts ; by which is intended, that it 
has a right to revise the decision in certain cases where 



JURISDICTION OF THE COURTS. 95 

suits have been instituted and decided in those courts. 
It is this, in fact, which constitutes the principal part 
of the business of the supreme court. 

3. Final judgments and decrees in the circuit courts, 
in cases where the matter in dispute exceeds two thou- 
sand dollars, exclusive of costs, may be removed to the 
supreme court, and there re-examined, and reversed or 
aflirmed ; and if reversed, judgment is rendered in 
the supreme court, or, in certain cases, the cause is 
sent back to the circuit court, for final disposition. 
j\nd the same may be done in respect to decisions in 
the circuit court of the District of Columbia, where 
the matter in dispute, exclusive of costs, exceeds one 
thousand dollars, and in particular cases, where it ex- 
ceeds one hundred dollars. So, also, final decisions in 
the- highest court of each of the organized territories, 
may be carried to the gupreme court, in the same man- 
ner, and under the same regulations as from the cir- 
cuit courts of the United States, where the amount in 
controversy, to be ascertained by the oath of either 
party, exceeds one thousand dollars. 

4. In like manner, any final judgment or decree in 
the highest court of law or equity of any state, may 
be brought up to the supreme court of the United 
States, on error in point of law, where the validity of 
any treaty, stotute or authority of the United States Avas 
drawn in question, in the state court, aud the decision 
was against the validity ; or where the validity of any 
state authority was drawn in question on the ground of 
its being repugnant to the constitution, treaties or laws 
of the United States, and the decision was in favor of 
the validity ; or where the construction of any clause 
of the constitution, or of a treaty, statute or commis- 
sion of the United States, w^as drawn in question, and 
the decision was against the right or privilege claimed 
under the authority of such clause. 

5. The circuit courts have original cognizance, con- 
cun-ent with the state courts, that is, the suits may be 
brought in either, of all actions of a civil nature, where 
the matter exceeds five hundred dollars, exclusive of 



96 JURISDICTION OF THE COUHTS. 

costs, and the United States are plaintiffs, or an alien is 
a party, or the snit is between a citizen of the state 
where the suit is brought and a citizen of another 
state. They have original jurisdiction in all suits aris- 
ing under laws granting patents and copyrights, and in 
some cases growing out of the revenue laws of the 
United States. They have, likewise, exclusive cogni- 
zance of capital crimes agauist the United States, and 
concurrent jurisdiction of the crimes and offences cog- 
nizable in the district court. They have appellate juris- 
diction of final decrees and judgments in civil actions, 
in a district court, where the matter in dispute exceeds 
fifty dollars, exclusive of costs. And in certain cases 
under the bankrupt law, they have concurrent jurisdic- 
tion with the district court, as well as the right to en- 
tertain appeals and questions from that court. 

6. The district courts have exclusive original cogni- 
zance of all civil causes of admiralty and maritime 
jurisdiction, which are causes respecting acts or injuries 
done on the high seas, or on the seacoast, or growing 
out of maritime contracts or claims, and including 
seizures under impost, navigation and trade laws of the 
United States, and other seizm-es made within their 
respective districts, or on the high seas. They have 
also concurrent jurisdiction with the circuit courts, of 
all crimes and offences against the United States, the 
punishment of which is not capital. And in those 
districts where the business of the court demands it, 
the district courts are required to hold monthly adjourn- 
ments of the regular terms, for the trial and hearing of 
criminal causes. The district courts have jurisdiction 
of all matters in bankruptcy, to be exercised summa- 
rily ; and for that purpose they are deemed to be al- 
ways open. 

7. The constitution provides that the trial of all 
crimes, except in cases of impeachment, shall be by 
jury. The trial is required to be held in the state 
where the crime was committed; or when not com- 
mitted within any state, at such place as congress may 
by law have previously directed. It is also declared, 



COURTS OF THE UNITED STATES. 97 

that in suits at common law, where the vahie in con- 
troversy exceeds twenty dollars, the right of trial by 
jury shall be preserved. In the district courts, in all 
civil causes except those of admiralty and maritime 
jurisdiction ; and in the circuit courts, in all suits except 
those of admiralty, maritime and equity jurisdiction, the 
trial of issues of fact is required to be by jury. And 
issues of fact, in the supreme court, in all actions at law 
against citizens of the United States, must be tried by 
jury. It seldom happens, however, that issues of fact 
come up to be tried in the supreme court. 

8. Jurors to serve in the courts of the United States, 
in each state, are required to have the like qualifica- 
tions, and arc entitled to the like exemptions, as jurors 
of tlie highest court of law of that state ; and they are 
to be designated and empanelled, as far as may be, 
conformably to the mode practised in the state. They 
are taken from such parts of the judicial district as the 
court shall direct, so as best to secure an impartial trial, 
and, at the same time, not to occasion unnecessary ex- 
pense, or unduly burden the citizens of any part of the 
district with the service. Jurors are summoned and 
returned by the marshal of the district, or his deputy. 
The compensation of jurors, as also that of witnesses, 
in the courts of the United States, is one dollar and 
twenty-five cents for each day's attendance, and five 
cents a mile for travel, in gomg and returning. 



CHAPTER XXYI 

COURTS OF THE UNITED STATES. 

1. The judges, both of the supreme, and of the in- 
ferior courts, are appointed by the president, with the 
advice and consent of the senate. They hold their 
offices during good behavior, and are removable only 
by impeachment. For their sei-vices they receive a 
9 



98 SUPREME AND CIK.CT7IT COURTS. 

compensation which is established by law, and w^hich 
cannot be diminished during their continuance in office. 
No judge, appointed under the authority of the United 
States, can exercise the profession of counsel or attor- 
ney, or be engaged in the practice of law. The judges 
of the territorial courts are appointed by the president 
and senate, but hold their office for the term of four 
years only, except in Wisconsin, and in the J3istrict of 
Columbia, where the tenure is during good behavior. 

2. The supreme court consists of a chief justice 
and eight associate justices, any five of whom consti- 
tute a quorum. It holds a session annually at the city 
of Washington, commencing on the second Monday in 
January, and continuing usually two or three months. 
If there is not a quorum present at the commencement 
of any session, a smaller number may adjourn the 
court from day to day, for twenty days, unless the 
required number shall sooner attend. The associate 
justices have precedence according to the date of their 
commissioxis, or where the commissions of two or more 
of them bear date the same day, according to their res- 
pective ages. The salary of the chief justice is five 
thousand dollars a year ; that of the associate justices, 
four thousand five hundred dollars each. 

3. The United States are divided into nine judicial 
circuits, and in each district of these circuits there are 
usually two circuit courts held, annually, and the pre- 
siding judge may appoint special sessions, at his dis- 
cretion. The circuit courts are composed of one judge 
of the supreme court and the district judge of the 
district in which the circuit court is held. The judge 
of the supreme court may hold the circuit court alone, 
in case the district judge is absent, or if he has been of 
counsel or is interested in the suit. Li some of the 
districts the respective district judges are authorized to 
hold the circuit courts, and sometimes circuit court 
jurisdiction and powers are given to district courts, by 
special provisions of law. 

4. The circuit court may be adjourned from day to 
day, by the district judge, or if neither of the judges 



DISTRICT AND TERRITORIAL COURTS. 99 

be present at the commencement of the term, either of 
them may, by a written order to the marshal, adjourn 
the court from time to time, as the case may require. 
Where any question arises in the circuit court, upon 
which the opinions of the two judges are opposed, the 
point upon Avhich the disagreement happens may be 
certified, under the seal of the court, to the supreme 
court of the United States, there to be finally decided. 
But in cases removed from a district court to a circuit 
court, the district judge has not a right to vote, but 
judgment is to be rendered in conformity to the opinion 
of the judge of the supreme court, presiding in the 
circuit court. 

5. Each state of the Union composes one or more 
judicial districts, and for each state there is one district 
judge ; and two for the several states of New York, 
Pennsylvania and Virginia. Six of the other states 
contain either two or three districts each, but in those 
states a single judge holds the courts in all the districts 
within his own state. The judicial districts are estab- 
lished by congress, and are frequently altered, as occa- 
sion is thought to demand. Each district court is 
required to hold, more commonly four, but several of 
them only two regular sessions, every year. In three 
districts, but one session, annually, is prescribed; in 
three others, more than four in a year are required. The 
district judges, generally, are authorized to hold spe- 
cial courts, at their discretion. The annual compen- 
sation of district judges varies from one thousand 
to three thousand five hundi'ed dollars. 

6. In each of the organized territories of the United 
States, there are courts established by congress. The 
liighest court holds a session, annually, as a court of 
appeals, at the seat of government of the territory. 
The territories are divided into districts, in each of 
Avhich courts arc held by a single judge of the highest 
court. These courts, in cases arising under the consti- 
tution and laws of the United States, are invested with 
the joowers and jurisdiction of circuit and district courts 
of the United States, and from them causes may be 



100 OFFICERS OF THE COURTS. 

carried to the highest court of the territory, and thence, 
in the cases and in the manner provided by law, to the 
supreme court of the United States. The District of 
Columbia has a local circuit court, consisting of three 
judges, and a district court, which is held by the chief 
justice of the circuit court, for that district. 

7. The attorney general of the United States con- 
ducts all suits in the supreme coint, in ^vhich the 
United States are concerned. In each judicial district, 
and in each of the territories of the United States, and 
the District of Columbia, there is a district attorney, 
whose duty it is to prosecute, within his district or ter- 
ritory, all delinquents for crimes and offences cogniza- 
ble under the authority of the United States, and all 
civil actions in which the United States are interested. 
District attorneys are appointed by the president, "with 
the approval of the senate, for the term of four years, 
but may be removed at the pleasure of the president. 
They are required to make to the secretary of the 
treasury, on the &st of January and July in each year, 
a written report, verified by oath, of all fees and emol- 
uments of their offices, of every kind ; and if these 
amount, exclusive of their necessary ofiice expenses 
and clerk hire, to more than six thousand dollars a 
^T^ear, the overplus is to be paid into the public treasury. 

8. The clerk of the supreme court is appointed by 
the court, and is required to reside and keep his office 
at the seat of the national government. The district 
courts appoint their clerks, and until recently, the clerk 
for each district court was clerk also of the circuit court 
in the district. But it is now provided, that the circuit 
courts shall have the appointment of their own clerks, 
and in case of disagreement between the judges, the 
judge of the supreme court, presiding in the district, 
makes the appointment. The clerks are required to 
give bonds in the sum of two thousand dollars each. 
They are paid by fees and emoluments, of which they 
are required to make the same returns as the district 
attorneys ; but no one may retain exceeding three thou- 
sand five hundred dollars as clerk of the district court, 



CHOICE OF PRESIDENT AND VICE PRESIDENT. 101 

or two thousand five hundred dollars as clerk of the 
circuit court, or six thousand dollars for both, over and 
above his necessary office expenses and clerk hire. 

9. Marshals in the courts of the United States are 
analogous to sherifls in the state courts, and their 
duties are similar. They are appointed, one for each 
judicial district, and each tenitory, and the District of 
Columbia, by the president, with the approbation of the 
senate, for the term of four years, unless sooner re- 
moved by the president. Marshals are authorized to 
appoint deputies, who are removable at the pleasure of 
the marshal, or of the judge of the district court, or 
circuit court sitting Avithin the district. Each marshal 
is required to give bond in the sum of twenty thousand 
dollars, conditioned for the faithful performance of the 
duties of his office, by himself and his deputies. The 
marshals are bound to make the same returns as the 
district attorneys and clerks, and no marshal may retain 
out of the fees, for his compensation, a sum exceeding 
six thousand dollars a year, exclusive of the reasonable 
compensation to his deputies, and his necessary office 
expenses and clerk hire. 



CHAPTER XXVII. 

CHOICE OF PP.ESIDENT AND VICE PRESIDENT. 

1. The executive power of the United Sta.tes is 

vested in a President, who is required to be a natural 

born citizen, or a citizen of the United States at the 

time of the adoption of the constitution, to be at least 

thirty-five years of age, and to have been fourteen years 

a resident within the United States. There is a Vice 

President chosen at the same time Avith the president, 

and no person constitutionally ineligible to the office of 

president, is eligible to that of vice ]iresident. The 

president and vice president hold their offices for four 
9* 



102 CHOICE OF PRESIDENT 

years from the 4th of March next after the regvilar 
time of theh election ; and they are both chosen in the 
following manner. 

2. Each state appoints, in such manner as its legis- 
lature may direct, a number of electors equal to the 
whole number of senators and representatives to 
which the state is entitled in congress, according to 
the apportionment then last established by law; but 
no senator or representative, or person holding any 
office of profit or trust under the United States, can be 
an elector. The particular mode of appointing the 
electors is not prescribed by the constitution; but in 
practice, it is believed, they are invariably chosen, at 
present, by the qualified voters in each state, voting 
by general ticket throughout the state, except in South 
Carolina, where they are elected by the legislature. 
In some of the states, the electors have sometimes 
been chosen by districts, in the same manner as repre- 
sentatives are now required to be chosen. 

3. It is provided by act of congress, that the elec- 
tors shall be appointed wdthin thirty-four days pre- 
ceding the first Wednesday in December of every 
fourth year succeeding the last election. On that 
Wednesday, the electors of the several states meet at 
such place in their respective states, as is directed by 
the legislature of each, and vote, by ballot, for presi- 
dent and vice president, one of whom, at least, must 
not be an inhabitant of the same state with them- 
selves. They name in then ballots the person voted 
for as president, and in distinct ballots the person voted 
for as vice president ; and they make separate lists of 
all persons who receive votes for the one office and for 
the other, and of the number of votes for each. 

4. The electors are required to make and sign three 
certificates of all the votes by them given, each cer- 
tificate containing two distinct lists, one of the Azotes 
given for president, and the other of the votes given 
for vice president ; and to seal them up, certifying on 
each, that a list of the votes of such state for president 
and vice president is contained therein, and directing 



AND VICE PRESIDENT. 103 

them to the president of the senate of the United 
States. A certified Hst of the electors of the state is 
annexed to each of these certificates of the votes. The 
electors then, by writing, signed by them or a majority 
of them, appoint some person to take charge of one of 
the certificates, and convey it to its place of destina- 
tion ; for which service he is allowed twenty -five cents 
a mile for his travel in going and returning. 

5. The certificate intrusted to the messenger, he is 
bound tp deliver at the seat of government, before the 
first Wednesday in January next ensuing, to the presi- 
dent of the senate, or if he be not present, at the 
office of the secretary of state. Another of the three 
certificates the electors forward forthwith, by mail, to 
the president of the senate, at the seat of government.' 
The remaining certificate they cause to be delivered to 
the district judge of the district within which the elec- 
tors assemble. If a list of the votes of any state shall 
not have been received at the seat of government, on 
the first Wednesday in January, the secretaiy of state 
is required to send a special messenger for the list that 
was lodged in the custody of the district judge. 

6. Congress is required to be in session on the sec- 
ond Wednesday in February succeeding every meeting 
of the electors, when the certificates are opened in the 
presence of both houses, assembled in the chamber of 
the house of representatives, the president of the 
senate presiding. Arrangements for the occasion are 
made previously, and tellers chosen, one by the senate 
and two by the house. At the hour appointed, the 
senate repair to the hall of the house of represen- 
tatives, their chief clerk bearing the votes of the elec- 
tors. The president of the senate having announced 
the purpose of the joint meeting of the two houses, 
proceeds to break the seals of the envelopes in which 
the votes of the electors are enclosed, commencing 
with the state of Maine, and proceeding in the order 
of the states; and having merely broken the seal of 
each, he hands the paper to the tellers, that the votes 
may be counted. 



104 CHOICE OF PRBSIDENT 

7. The saperscription upon tlie envelope, and the 
contents of every paper found within it, are read 
throughout by some one of the tellers. When the 
tellers have read, counted, and made duplicate lists of 
the votes, the lists having been compared with each 
other and found to agree, are delivered to the presiding 
officer, by whom they are read to the joint meeting. 
He then announces the result of the vote, and declares 
the persons, if any, who have a majority of the whole 
number of votes of the electors for those offices, res- 
pectively, to be duly elected president and vice presi- 
dent of the United States for the ensuing term of four 
years. 'The senate now withdraw, the chief clerk 
bearing the votes of the electors, and one of the lists 
made by the tellers, to the senate chamber, to be de- 
posited with the archives of that body. A joint com- 
mittee of the two houses wait on the president elect, 
to inform him of his election ; and the president of the 
senate notifies the vice president. 

8. But if the votes of no person for president be a 
majority of the whole number of electors appointed, 
then from the persons having the highest numbers, not 
exceeding three, on the list of those voted for as presi- 
dent, the house of representatives immediately, by bal- 
lot, choose the president. But for this purpose, the 
votes are taken by states, the representatives of each 
state having one vote. A quorum for the choice of 
president consists of a member or members from two 
thirds of the states, and a majority of all the states is 
required for a choice. If no one be chosen vice presi- 
dent, by the electors, the senate choose the vice 
president from the two highest numbers on the list. A 
quorum for this purpose consists of two thirds of the 
whole number of senators, and a majority of the whole 
number is necessary to a choice. 

9. If the house of representatives, when the right 
of choice falls to them, do not elect a president before 
the 4th of March next following, as also in case of the 
removal of the president from office, or his death, 
resignation, or inability to perform the duties of the 



AND VICE PilESIDENT. 105 

office, those duties devolve upon the vice president. 
When, on the death of the president, the vice presi- 
dent succeeds to his place, he becomes president in 
fact and in name. Congress, in pursuance of the au- 
thority vested in them by the constitution, have provi- 
ded that in case of the removal, death, resignation, or 
inabihty of both the president and vice president, the 
president of the senate pro tempore, and if there be 
none, the speaker of the house of representatives for 
the time being, shall act as president of the United 
States, until the disability shall be removed, or a presi- 
dent elected. 

10. Provision is made by law, that whenever the of- 
fices of president and vice president both become va- 
cant, a new election shall be held. To this end, the 
secretary of state is required forthwith to cause notifi- 
cation to be made to the executive of every state, and 
published in at least one newspaper in each state, 
specifying that electors of president and vice president 
of the United States shall be appointed within thirty- 
four days preceding the first Wednesday in December 
next ensuing, provided that day be two months distant 
from the date of the notification. But if there be not 
the required space of two months, and if the term for 
which the president and vice president last in office 
were elected, shall not expire on the 3d of March next 
ensuing, the electors are then to be appointed within 
thirty-four days preceding the fh-st Wednesday in De- 
cember of the year next ensuing ; and in either case, 
the proceedings are to be conducted as in ordinary 
elections. 

11. There have been but two instances in which 
the election of president has come into the house of 
representatives. Those were, in 1801, when Thomas 
Jefferson was elected, on the thirty-sixth ballot, and in 
1825, when John Quincy Adams was chosen, having 
received, on the first ballot, the votes of fourteen out of 
the twenty-four states. The vice president has been 
chosen by the senate on one occasion only, which was 
in 1837. And it has happened but once, that the vice 



106 CHOICE OF PRESIDENT. 

president has been called to perform the duties of 
president, namely, iipoi:^ the death of President Hanison, 
on the 4th of April, 1841. Of the fhst eight presidents, 
five were, and three were not re-elected; and the five 
who held the office two terms each, all declined being 
candidates for a third term. There is nothing in the 
constitation to prevent a man from holding the office 
of president as often as the people shall choose to 
elect him; bnt the usage on the subject has acquired 
almost the force of a positive law. 

12. As the constitation originally stood, the elec- 
tors voted for two persons, and the person having the 
greatest number of votes was president, if that number 
was a majority of the whole number of electors ap- 
pointed. If more than one had such majority, and they 
had an equal number of votes, the house of represen- 
tatives, by ballot, chose one of them for president. 
If no person had a majority, the house were to choose 
from the five highest on the list. And in every case, 
after the choice of the president, the person having the 
greatest number of votes of the electors was vice 
president. But if there remained two or more having 
equal votes, the senate, by ballot, chose from them 
the vice president. The inconvenience experienced 
from this method, at the election of president in 1801, 
induced congress to propose an amendment to the 
constitution, wliich was duly ratified before another 
election, and under the provisions of which all subse- 
quent elections have taken place. 



POWERS AND DUTIES OF THE PRESIDENT. 107 

CHAPTER XXVIII. 

POWERS AND DUTIES OF THE PRESIDENT. 

1. The inauguration of the president takes place 
on the 4th of March. On that occasion it is customary 
for him to deliver an inaugural address, setting forth 
the principles on wliich he })roposes to conduct his ad- 
ministration. At the conclusion of this address, the 
oath of ofiice required by the constitution is tendered 
by the chief justice of the supreme court, and taken by 
the president, in the following terms : " I do solemnly 
swear (or affirm) that I will faithfully execute the of- 
fice of president of the United States, and will, to the 
best of my ability, preserve, protect, and defend the 
constitution of the United States." On the day of the 
inauguration the new senate assemble, by special di- 
rection of the president of the United States, to act 
upon the nomination of public officers, and the Hke. 
They choose a president jvo tempore, by whom the 
vice president of the United States is sworn into office, 
and he then takes his place as president of the senate. 

2. The president is commander in chief of the 
army and na\'y of the United States, and of the mili- 
tia of the several states when called into the national 
service. He may grant reprieves and pardons for 
ofiences against the United States, except in cases of 
impeachment. Pie is the proper person to receive am- 
bassadors and other public ministers, and, as incident 
to this authority, he is understood to possess the power 
to refuse to receive them, or to dismiss them after they 
have been received. He is to see that the laws are 
faithfully executed. It is his duty, from tune to time, 
to give to congress information of the state of the 
Union, and to recommend to their consideration such 
measures as he shall judge necessary and expedient. 
And in case of disagi-eeinent between the two houses, 



108 POWEES AND DUTIES OE THE PRESIDENT. 

as to the time of adjournment, lie may adjourn them to 
such time as he shall think proper. 

3. The president, with the concurrence of two 
thirds of the senators present, is invested with the 
power to make treaties. He nominates, and by and 
with the advice and consent of the senate, appoints 
ambassadors, other public ministers and consuls, 
judges of the supreme court, and all other officers of 
the United States, whose appointments are not other- 
wise provided for in the constitution. But congress 
may by law vest the appointment of inferior officers, 
under which denomination, it is said, ninety-nine out 
of a hundred of the lucrative offices of the government 
are included, in the president alone, in the courts of 
law, or in the heads of departments. The president 
commissions all officers of the United States, and he is 
authorized to fill up all vacancies that may happen 
during the recess of the senate, by granting commis- 
sions which shall expire at the end of the next session 
of that body. 

4. It was made a question, on the tirst organization 
of the government under the constitution, whether, 
in respect to those officers who are appointed by the 
president and senate, to hold their offices at pleasure, 
the power of removal resided in the president alone, or 
whether the consent of the senate was required for 
that purpose. By the authors of the Federalist, a work 
of high authority, the latter was understood to be the 
true construction; but congress adopted the former 
construction, and at their first session, collaterally, and 
somewhat gratuitously, declared the power to belong to 
the president alone. The question was decided, at that 
time, in the senate, by the casting vote of the vice 
president, John Adams ; and in the house of repre- 
sentatives, by a majority of twelve. The construction 
thus incidentally given to the constitution, on tliis 
point, has been acted upon ever since. 

5. The president has a qualified negative or veto 
upon the laws and acts passed by congress. All bills, 
and all concurrent orders, resolutions and votes of the 



COMPENSATION OF THE PRESIDENT. 109 

t-\vo houses, except for adjournment, must be submitted 
to the president for his approval, and may be defeated 
by him, unless they be repassed by two thirds of each 
house. The president is allowed ten days, exclusive 
of .Sundays, to consider a bill, and if he do not return 
it within that time, it becomes a law in like manner as 
if he had signed it, unless congress, by their adjourn- 
ment, prevent its return, in which case it does not be- 
come a law. 

6. This constitutional provision vests in the presi- 
dent a high and transcendent power, and one which 
has, in general, been rarely exercised. President Wash- 
ington defeated two bills ; President Madison, four ; 
President Monroe,, one; President Jackson, ten; Presi- 
dent Tj'ler, two at the fextra session in 1841, and four 
at the succeeding session; the other Presidents, none. 
Of these bills fourteen were returned within ten days 
after their presentation to the executive ; the others 
having been presented near the close of the session, 
were retained, one by President Madison, six by Presi- 
dent Jackson, and two by President Tyler at the session 
in 1842. In no instance where a bill has been returned 
with objections has it been repassed by the required 
majority, so as to become a law. 

7. It is provided by the Constitution, that the com- 
pensation of the president shall neither be increased 
nor diminished during the period for which lie was 
elected. The salary has, from the first, been fixed by 
law at twenty-five thousand dollars a year, which, ac- 
cording to the usual practice, is drawn by the president, 
monthly. He has also the use of a house and grounds, 
provided at the public expense, at the seat of govern- 
ment. At every new election of president, such ar- 
ticles of furniture in (he house as are decayed or unfit 
for use, are sold, and the proceeds, together with an 
additional sum of money appropriated by congress, are 
applied to the purchase of new furniture. The salaiy 
of the vice president is five thousand dollars a year. 
When acting as president of the United States, he is 
entitled to the salary appertaining to that ofiice. 

10 



110 EXECUTIVE DEPAETMENTS. 

CHAPTER XXIX. 

THE EXECUTIVE DEPARTMENTS. 

1. To assist the president in the administration of 
the government, there are several executive depart- 
ments established by law. These are the departmenst 
of state, of the treasury, of war, of the navy, and of 
the post office. At the head of each of the first four 
departments named, is a secretary, of the last, the 2Jost- 
master general. These four secretaries, the postmas- 
ter, general and the attorney general of the United 
States, constitute what is called the cabinet. These 
officers are appointed by the president with the advice 
and consent of the senate, and are removable by the 
president, at his pleasure. At the commencement of 
every new administration, there is always a new cabi- 
net organized, as a matter of course. 

2. The cabinet serves as a sort of unofficial council 
of the president. He is expressly authorized by the 
constitution to require the opinion, in writing, of the 
principal officer in each of the executive departments, 
upon any subject relating to the duties of their respec- 
tive offices ; and he, as well as the head officer of any 
of the departments, where there is occasion for it, may 
call upon the attorney general for his opinion on ques- 
tions of law. It has been the general practice for the 
president to hold meetings of his cabinet officers, from 
time to time, to deliberate upon matters coming before 
him, in order that he might have the benefit of their wis- 
dom and experience in forming his own judgment upon 
them. But he is not bound to follow the opinions of 
his cabinet, nor are they responsible for his acts. 

3. These principal executive departments, for the 
most part embrace several subordinate branches, or 
bureaus, and the business of them is carried on by the 
assistance of a great number of inferior officers and 



EXECUTIVE DEPARTMENTS. Ill 

clerks. In general, the more important officers in each 
department are appointed by the president, with the 
advice of the senate, and the clerks by the heads 
of their respective departments. In each department 
there is a chief clerk, who in the departments of state, 
of war, and of the navy, in case of a vacancy in the 
office of secretary, by removal or otherwise, has, dur- 
ing such vacancy, the charge of all records, books and 
papers appertaining to the department. 

4. All the officers apj)ointed in any of the depart- 
ments, are required, before entering upon the duties of 
their appointment, to take an oath or affirmation to 
support the constitution of the United States, and 
faithfully to execute the trust committed to them. 
Every day in the year, except Sundays and the 4th of 
July and 2oth of December, all the offices and bureaus 
of the several departments are required to be open for 
the transaction of the public business, at least eight 
hours in a day, from the first of October to the first of 
April, and at least ten hours in a day, during the rest of 
the year. The salaries of officers of the United States 
are usually paid quarterly, with money drawn from the 
national treasury, in pursuance of appropriations made 
for the purpose, by congress, in the annual appropri- 
ation bills. 

5. The several secretaries, and the postmaster 
general are required to lay before congress, at each 
annual session, a detailed statement of the expendi- 
tures made by them, respectively, from the contingent 
funds of their departments. It is also their duty, to 
report to congress, at the beginning of each year, the 
names of the clerks employed in their own depart- 
ments, during the preceding year, together with the 
time each"vvas actually employed, and the amount paid 
to each. There are various other reports wliich these 
officers, or some of them, are required to make to con- 
gress, at prescribed times, and they are also obliged to 
answer to the requisitions made upon them, from time 
to time, by either branch of the legislature, for facts and 
information within their possession. 



112 DEPARTMENT OF STATE. 

6. At the first organization of the government 
under the constitution, there were properly but three • 
executive departments, those of state, of the treasury, 
and of war. The department of the navy was not 
established upon a separate basis until a later period. 
The post office department has existed from the first, 
but it was only at a comparatively recent day, that the 
postmaster general attained to the dignity of a cabinet 
officer. Tlie salaries of the secretaries, and other 
executive officers and clerks, were at first only about 
one half as great as they now are. From time to time, 
the compensation has been increased, and the depart- 
ments have been enlarged, by the establishment of 
new subordinate branches, and the appointment of ad- 
ditional clerks. The department of state is considered 
as holding the first place in dignity and importance. 



CHAPTER XXX. 

THE DEPARTMENT OF STATE. 

1. The department of state, which was originally 
organized under the name of the department of foreign 
affairs, is that through which all intercourse between 
the national government and foreign states is carried 
on. To the secretary of state it belongs to perform 
such duties as are assigned to him by the president* 
and in such manner as he shall direct, agreeably to the 
constitution, relative to the correspondence with pub- 
lic ministers or consuls sent from the United States, or 
to commissions or instructions to them ; to negotiations 
with foreign states or princes; to memorials or other 
applications from foreign public ministers or other 
foreigners ; or to other matters respecting foreign af- 
fairs. This department includes, besides the patent 
office, which is attached to it, three branches called the 
diplomatic, consular, and home bureaus. There are ten 



DEPARTMENT OF STATE. 113 

clerks emjiloyed in the department, and as many other 
persons, in various capacities. 

2. The secretary of state keeps the seal of the 
United States, and it is his duty to make out, record, 
and affix that seal to all civil commissions of officers of 
the United States, apjiointed by the })resident witli the 
approval of the senate, or by the president alone, 
except officers employed in collecting the revenue, 
whose commissions are made out and recorded in the 
treasury department, and bear its seal. But the secre- 
tary may not affix the seal to any commission be- 
fore it has been signed by the president, nor to any 
other instrument without his special warrant for the 
purpose. The secretary of state has also a seal of 
office, for his department, which he uses in authenti- 
cating copies of records and papers in his office, for per- 
sons applying" for them, and paying the required fees. 

3. Every bill, order, resolution or vote of the sen- 
ate and house of representatives, that has been ffiially 
passed, in the prescribed manner, and has become a 
law accordingly, is sent forthwith to the secretary of 
state. Fonnerly, the secretary was required to cause 
the laws, resolutions, treaties and amendments to the 
constitution of the United States, to be pubhshed, as 
soon as conveniently might be after they were re- 
ceived by him, in not more than one newspaper in the 
District of Columbia, aiid in not more than three in 
each of the several states and territories. But by the 
act of 1842, in lieu of this, the publication is to be 
made in not less than two nor more than four of the 
principal newspapers published in the city of Waslimg- 
ton for country subscribers, giving the preference to 
such papers as have the greatest number of permanent 
sul)scribers and the most extensive chculation. 

I. The secretary is required to cause to be pub- 
lished, as soon as practicable after the close of every 
session of congress, eleven thousand copies of the acts 
of congTess at large, including all resolutions passed 
by congress, amendments to the constitution adopted, 
and public treaties ratified since the last preceding pub- 
10* 



114 DEPARTMENT OF STATE. 

lication of the laws, together with an alphabetical in- 
dex. These copies are distributed, under the direction 
of the secretary of state, among such public officers 
and other persons as are designated by law, and the 
residue among the several states and territories, ac- 
cording to their respective numbers of representatives 
and delegates in congress. The proprietor of every 
newspaper in which the laws, resolutions, treaties and 
amendments have been seasonably published, by au- 
thority, is entitled to a compensation, at the rate of 
one doUar for each page, as published in the pamphlet 
form. 

5. Once in two years, a register, commonly known 
by the name of the blue book, is compiled and printed 
under the direction of the secretary of state. It con- 
tains correct lists of all the officers and agents, civil, 
military and naval, in the service of the United States, 
made up to the last day of September of each year in 
which a new congress is to assemble. These lists are 
furnished by the heads of the several departments, and 
exhibit the names of all such officers and agents, with 
the compensation allowed to each, the state and 
county in which he was born, and the place where he 
is employed. The biennial register also includes cer- 
tain statistics in reference to the navy, to printers of 
the laws, and to contracts for carrying the mail. Five 
hundred copies of tliis register are printed, part of 
which are distributed, as provided by law, on the first 
Monday in January of each year when a new con- 
gress is assembled, and the rest are disposed of as 
congress shall direct. 

6. The secretary of state is required to transmit, 
by mail, free of postage, one copy of the communica- 
tions, with the accompanying documents, made to 
congress, or to either house, by the president of the 
United States, and of reports made to congress or 
either house, by the several heads of departments, or 
by any committee, for each of the judges of the su- 
preme court, and of the district and territorial courts of 
the United States, to such post office within the United 



TREASURY DEPARTMENT. 115 

States, as they may designate. In case of vacancy, 
death, absence from the seat of government, or sick- 
ness, in the office of secretary of state, of the treasury, 
or of war, or of any officer in either of these depart- 
ments, whose appointment is not in the head of the 
department, the president may authorize any person, 
in his discretion, to perform the duties of such office, 
until a successor shall be appointed, or the vacancy 
filled. But no one vacancy can be thus supphed for 
a longer term than six months. 



CHAPTER XXXI. 

THE TREASURY DEPARTMENT. 

1. It is in the treasury department that all claims 
and demands by or against the United States, and all 
accounts in which they are interested, either as debtors 
or creditors, are settled and adjusted. The organiza- 
tion of this department embraces a far greater number 
of officers than either of the others. It includes the 
secretary, two comptrollers, five auditors, an auditor 
for the post office department, a treasurer, a register, 
and a solicitor of the treasury, all of whom are ap- 
pointed by the president, with the approbation of the 
senate. There are upwards of two hundred clerks 
and other persons employed in the different sub- 
divisions of the department. This statement does not 
include the officers and clerks, nearly one hundred 
in number, in the general land office, which is attached 
to the treasury department. 

2. Among the duties required of the secretary, he is 
to prepare and lay before congress, at the conuiience- 
ment of every session, a report on the subject of fuiance, 
containing estimates of the public revenue and expen- 
ditures, and plans for the support of public credit, and 
for increasing the revenues, and to annex a statement 



116 TREASURY DEPARTMENT. 

of the amount of money in the treasury, which will be 
subject to the disposition of the government, in the 
year to which the estimates apply. He is also to 
superintend the collection of the revenue ; to provide 
for maintaining hght-houses, and the like; to grant, 
under the limitations established by law, warrants for 
moneys to be issued from the treasury; to furnish 
information to either branch of the legislature, respect- 
ing all matters referred to him, or which relate to his 
office; and, in general, to perform all services required 
of him, appertaining to the finances. 

3. It is the duty of the comptrollers to examine all 
accounts settled by the auditors, and to certify to the 
proper officer the balance arising on them ; to counter- 
sign warrants duly drawn by the secretary of the 
treasury ; to report to the proper secretary the official 
forms to be issued in the different offices for collecting 
the public revenue, and for disbursing the public money 
in the war and nai^ departments, and the manner and 
form of keeping and stating the accounts in those of- 
fices; and to attend to the preservation of the public 
accounts subject to their revision. To the ffi'st comp- 
troller it belongs also to provide for the regular payment 
of all moneys that may be collected, to superintend the 
recovery of debts due to the United States, and to 
direct legal proceedings and take the proper lawful 
measures for enforcing prompt payment of such debts. 

4. The first auditor receives 'all accounts accruing 
in the treasury department; the seco7id and third, all 
accounts of the war department, and those arising out 
of Indian affairs, except Indian trade ; the fourth, all 
accounts relative to the navy department; and the 

fifth, all accounts of the department of state, and those 
growing out of Indian trade. The first and fifth au- 
ditors examine all accounts submitted to them, respec- 
tively, certify the balance, and transmit the accounts, 
with the vouchers and certificates, to the first com- 
troller for his decision upon them. The second, third, 
and fourth auditors examine the accounts submitted to 
them, certify the balance, and transmit the accounts 



TREASURY DEPARTMENT. 117 

witli their vouchers to the second comptroller, and 
when finally adjusted, receive them from him and pre- 
serve them. They record all warrants drawn by the 
secretary of the treasury, upon the requisitions or 
demands of the secretaries of the war and navy de- 
partments, and keep all accounts of the receipts and 
expenditures of the public money in regard to those 
departments. 

5. The auditor of the treasury for the 2^ost office 
department receives all accounts relative to that de- 
partment, audits and settles them, certifies the bal- 
ances to the jiostmaster general, and preserves the ac- 
counts and their vouchers, after settlement. It is his 
business to report to the postmaster general the official 
forms of papers to be used by the officers and agents of 
the department, and the manner and form of keeping and 
stating its accounts; to register, charge and countersign 
all warrants upon the treasury for receipts and pay- 
ments, issued by the postmaster general, when war- 
ranted by law ; to report to the postmaster general all 
delinquencies of postmasters, in paying over the pro- 
ceeds of then offices ; and to perform such other duties 
[relative to the financial concerns of the department 
as may be assigned to him by the secretary of the 
treasury. It is his duty also to superintend the collec- 
tion of' all debts due to the department, and all penalties 
and forfeitures imposed on postmasters, and to direct 
legal proceedings for that purpose. 

6. The treasurer is the officer who receives and 
keeps the public moneys, and disburses them on war- 
rants duly drawn and autlienticated, which warrants are 
required to specify the particular appropriations to which 
they are to be charged. All moneys except those for 
the war, navy, and post office departments, are issued 
on warrants drawn by the secretary of the treasmy, 
countersigned by the first comptroller, and recorded by 
the register of the treasury. The money appropriated 
to the use of the war and navy departments is paid out 
by the treasurer on warrants drawn by the secretary of 
the treasury, upon the requisitions of the secretaries of 



118 TREASURY DEPARTMENT. 

those departments, respectively, coiuatersigned by the 
second comptroller, and registered by the second, third, 
or fourth auditor, as the case may require. The funds 
of the post office department are issued from the 
treasury on warrants drawn by the postmaster general, 
and countersigned and registered by the auditor of the 
treasury for that department. 

7. The treasurer takes receipts for all moneys paid 
by him ; and all receipts for moneys received by him 
into the treasury, to render them vahd, must be in- 
dorsed upon warrants, signed by the secretaiy of the 
treasury, or by the postmaster general where the 
money is paid in to the credit of his department. He 
is required to render his accounts, quarterly, to the fii'st 
comptroller, or in respect to moneys received and 
paid on account of the post office department, to the 
auditor for that department ; to transmit to both houses 
of congress, copies of all accounts settled by him, and 
a true and perfect account of the state of the treasury ; 
and at all times to submit to the inspection of the 
secretary of the treasury, and of the ffi'st comptroller, 
the moneys in his hands. The treasurer gives bond 
in. the sum of one hundred and fifty thousand dollars, 
for the faithful performance of his duties, and the 
fidelity of the persons employed by him. 

8. The register of the treasury is requhed to keep 
all accounts of the receipts and expenditures of the 
public money, and of all debts due to or from the 
United States, except such accounts as are kept by the 
second, third, and fourth auditors ; to receive from the 
first comptroller the accounts that have been finally 
adjusted by him, and preseive them with their vouch- 
ers and certificates ; and to record all warrants for the 
receipt and payment of moneys at the treasury, other 
than those recorded by the second, third, and fourth 
auditors, and the auditor for the post office department. 
It is likewise made the duty of the register of the 
treasury, under the direction of the secretary, annually 
to prepare statistical accounts of the commerce of the 
United States with foreign countries, for the preceding 



TREASURY DEPARTMENT. 119 

year, to be laid before congress, by the secretary of the 
treasuiy, on the first Monday in December of every 
year, or as soon after as possible. These accounts, as 
also the annual accounts of the receipts and expendi- 
tures, and the report and estimates required of the sec- 
retaiy, are to be prepared for the fiscal year of the 
treasury, which, as established by act of congress of 
1S42, commences on the first day of July. 

9. The duties of the solicitor of the treasury are, 
to direct all suits and proceedings for the recovery of 
money, chattels or lands, in the name, and for the use 
of the United States ; and to take charge or dispose of 
all lands or other property conveyed or assigned to the 
United States, in payment of debts. He may instruct 
the district attorneys, marshals, and the clerks of the 
circuit and district courts, in all matters relating to 
suits in which the United States are concerned. He is 
required, with the approbation of the secretaiy of the 
treasuiy, to establish such rules and regulations, con- 
sistent ^vith law, for the observance of collectors of the 
customs, district attorneys, and marshals, respecting 
suits in which the government is interested, as may be 
deemed necessary for the proper responsibility of those 
officers, and for the prompt collection of all revenues 
and debts due to the United States. 

10. The offices of the second comptroller, and of 
the second, third, fourth, and fifth auditors were es- 
tablished in 1817; that of the solicitor of the treasuiy 
in 1830, and that of the auditor of the treasuiy for the 
post office department in 1836. To the second comp- 
troller was assigned the portion of the duties of the 
ffi-st, relating to the war and navy departments. The 
duties of the ffi'st auditor, namely, the examining and 
auditing of accounts, were divided with the second, 
third, fourth, and fifth auditors, and the auditor for the 
post office department. The same persons, except 
the fifth auditor, took also a part of the duties of the 
register of the treasuiy ; and the auditor of the treas- 
ury for tlie post office department, a part also of the 
duties of the first comptroller. 



120 DEPARTMENTS OF WAR AND OF THE NAVY, 

CHAPTER XXXII. 

THE DEPAPcTMENTS OF WAR, AND OF THE NAVY. 

1. The secretary of the department of war is re- 
quired to perform such duties as may from time to time 
be intrusted to liini, by the president, agreeably to the 
constitution, and in such manner as he sliall direct, rel- 
ative to niihtary commissions, or to the land forces or 
military stores of the United States, or other matters 
respecting militaiy affairs; or relative to the granting 
of lands to persons entitled to them for military services 
rendered to the United States ; or relative to Indian 
affahs. This department includes the oiRces of the 
adjutant general, quartermaster general, paymaster 
general, and surgeon general, the pension and bounty 
land offices, and the department of Indian affairs. The 
office of commissary general of purchases was abol- 
ished in 1842, and the duties of it assigned to the quar- 
termaster's department. 

2. The department of the navy was organized as a 
distinct department, in 179S, prior to winch time, naval 
affairs "were under the direction of the secretary of war. 
It is the duty of the secretary of the navy to execute 
such orders as he shall receive from the president, rela- 
tive to the procurement of naval stores and materials, 
to the construction, armament, equipment and employ- 
ment of vessels of war, and to all other matters con- 
nected with the naval establishment of the United 
States. He is authorized, under the direction of the 
president, to cause a selection to be made of such tracts 
of vacant and unoccupied lands of the United States, 
producing live oak and red cedar timbers, as he may 
judge necessary to furnish for the navy a sufficient 
supply of those timbers ; and the tracts thus selected, 
if approved by the president, are to be reserved and 
appropriated to that sole purpose, unless otherwise 
directed bv law. 



NAVY DEPARTMENT. 121 

3. Formerly the president was required to appoint, 
with the approbation of the senate, three officers of the 
navy, not below the rank of post captain, to constitute a 
hoard of comtnissioners for the navy. This board was 
attached to the office of the secretary of the navy, and 
under his superintendence discharged the ministerial 
duties of that office, relative to the matters above enu- 
merated as appertaining to it; and, upon the requisition 
of the secretary, it was their duty to furnish all the es- 
timates of expenditures required in the several branches 
of the sei"vice, and other necessary information. The 
board of commissioners for the navy was established 
in 1815, and continued in existence till 1812, when it 
was abolished by act of congress, and the navy depart- 
ment was organized upon a different basis. 

4. The act in question provides, that there shall be 
attached to the na\y department five bureaus, each 
having a chief, who is appointed by the president with 
the advice and consent of the senate. These bureaus 
are, a bureau of navy yards and docks, and a bureau of 
ordnance and hydrography, the chief of each of wdiich is 
appointed from anaong the captauas in the navy, and 
receives a stated annual salary, in lieu of all other com- 
pensation whatever in the naval service ; a bureau of 
construction, equipment and rejmirs, the cliief of which 
is required to be a skilful naval constructor ; a bureau 
of 2^''ovisions and clotldng; and a bureau of medicine and 
surgery, whose chief is taken from the surgeons of the 
na\y. The secretary of the navy is to assign and dis- 
tribute among these bureaus, such of the duties of the 
dejiartment as he shall judge expedient and proj)er, 
and all these, duties are to be performed under liis au- 
thority. 

5. It is the duty of both the secretaries of war and 
of the navy, to lay before congress, amiuaUy, a state- 
ment of the appropriations of the preceding year, for 
their respective departments, and a distinct account of 
the manner in which the money has been exjjended 
and applied by them, together with a statement of the 
amount that remains under such appropriations, and the 

n 



122 PENSIONS. 

probable outstanding demands upon eacli ; and any 
balance of money remaining unexpended, after the 
object for "which it \vas appropriated has been effected, 
is to be repaid into the treasury, and carried to the 
surplus fimcl. The secretaries are required to cause to 
be collected all flags, standards and colors, taken by the 
army and navy of the United States, from their ene- 
mies, and to deliver them to the president, to be, under 
his direction, preserved and displayed in such public 
place as he shall deem proper. 

6. There is a commissioner o/'^ews^'ows appointed by 
the president, with the advice of the senate, whose 
office it is, under the direction of the secretaries of war 
and of the navy, to execute such duties as may he pre- 
scribed by the president, in relation to the several pen- 
sion laws. Various acts have been passed by congress, 
from time to time, making provision for the surviving 
officers and soldiers of the revolutionary war, as well 
as for those who have been wounded or disabled in the 
military or naval service of the United States, and for 
the widows and children of such as were killed in the 
service, or have since died. The office of commissioner 
of pensions "was established in 1835, and has been 
since continued for the term of two or three years at a 
time. Formerly, pensions were paid through the agency 
of the bank of the United States and its branches. 

7. Provision was made by congress, soon after the 
commencement of the revolutionary war, for granting 
lands, in certain specified proportions, to the officers 
and soldiers who should engage in the service, and 
continue in it to the close of the war, or until discharged 
by congress. After the termination of the war, lands 
for this purpose "vvere surveyed and assigned, in what 
is now the state of Ohio. By the several acts passed 
by congress for recruiting the army in the war of 1812, 
besides a stated pecuniary bounty, one hunched and 
sixty acres of land were offered to each effective, able- 
bodied man, who should enter into the service for five 
years, or during the war, and should serve out his time, 
and be regularly discharged ; and to the heirs and rep- 



INDIAN AFFAIRS. 123 

resentatives of such as might be killed in action, or die 
in the service. The lands assigned to these persons 
were taken in the territories now constituting the states 
of Illinois, Missouri, Michigan and Arkansas. 

8. The chief officer in the Indian department is the 
commissioner of Indian affairs, who is a^ipointed by the 
president and senate. Under the direction of the sec- 
retary of war, and agreeably to such regulations as the 
president may from time to time prescribe, the com- 
missioner has the management of all Indian affairs, and 
of all matters growing out of Indian relations. The 
superintendents of Indian affairs, within their several 
districts, exercise a general supervision over the official 
conduct and accounts of all officers and persons em- 
ployed by the government in that department ; and they 
may suspend such officers and persons from their em- 
ployment, for reasons to be communicated forthwith to 
the secretary of war. No one is allowed to trade with 
the Indians, in their country, without a license from a 
superintendent of Indian aflairs, or from an Indian 
agent or sub-agent. No ardent spirits may be intro- 
duced into the Indian country, under any pretence. 

9. Indian asents are appointed by the president, with 
the approval of the senate, and hold their office for four 
years, unless sooner removed. Each agent is required 
to reside and keep his agency Avithin or near the terri- 
tory of the tribe for which he is agent, and at such 
place as the president shall designate. These agents 
and sub-agents manage and superintend the intercourse 
with the Indians within their respective agencies, ac- 
cording to law ; and they are bound to obey all legal 
instructions given to them by the secretary of Avar, the 
commissioner of Indian affairs, or the superintendent of 
Indian affairs; and to carry into effect such regulations 
as may be prescribed by the president. Each agency 
is allowed an interpreter, who is nominated by the 
proper agent, to the war department for approval. 

10. By act of congress of 1830, the president was 
empowered to cause so much as he might judge neces- 
sary of the territory belonging to the United States, 



124 THE ARMY. 

■west of the river Mississippi, not included in any state 
or organized territory, and to whicli the Indian title had 
become extinguished, to be divided into districts, for 
the reception of such tribes of Indians as might choose 
to exchange their lands within the limits of any of the 
states or territories, and remove thither. The president 
was authorized to assure any tribe making such ex- 
change, that the United States would forever guaranty 
to them and theu- descendants the country thus as- 
signed to them. Improvements upon the lands origi- 
nally occupied by the Indians, were to be paid for by 
the United States ; and they were to furnish to the 
emigrants all necessary aid in removing and settling in 
their new country, and also for their support during the 
first year after their removal. The number of Indians 
removed prior to the commencement of the year 1839 
exceeded eighty thousand. 



CHAPTER XXXIII. 

THE ARMY OF THE UNITED STATES. 

1. Every officer, non-commissioned officer and pri- 
vate in the army, is required to take and subscribe an 
oath or affirmation, that he wUl bear true faith and al- 
legiance to the United States of America, and wUl 
serve them honestly and faithfully against their ene- 
mies or opposers whomsoever ; and that he will observe 
and obey the orders of the president of the United 
States, and of the officers appointed over him, accor- 
ding to the rules and articles of war. The army, under 
the military peace establishment as fixed in 1821, w^as 
composed of four regiments of artillery, and seven regi- 
ments of infantry, with officers of engineers, of ord- 
nance and of the staff A regiment of artillery included 
nine, and one of infantry, ten companies, each compa- 



THE ARMY. 125 

ny having its appropriate officers and non-commis- 
sioiled officers, and forty-two privates. 

2. In 1833 a regiment of dragoons was established, 
and in 1836 a second regiment, each composed of ten 
companies. In 1838 the array was further enlarged 
by the establishment of an eighth regiment of infantry, 
and the addition of one company to each regiment of 
artilleiy ; and at the same time, sixteen privates were 
added to each company of artilleiy, and thirty-eight to 
each company of infantry. The army, as thus organ- 
ized, when full, embraced upwards of twelve thousand 
men. By the act of 1842 the number of privates Avas 
reduced from sixty to fifty for each company of dra- 
goons, and from fifty-eight and eighty, respectively, to 
forty-two, for the companies of artillery and infantry ; 
making a reduction, in the whole army, of about four 
thousand. The same act provided that after the 4th 
of March, 1843, the second regiment of dragoons 
should be converted into a regiment of riflemen. 

3. By the constitution, the president is made the 
commander in chief of the army and navy of the 
United States, and of the militia of the several states 
"when called into the actual service of the nation. He 
however, in fact, never commands the forces in person. 
There is a major general, who is the commander of the 
army, two brigadier generals, a quartermaster general, 
who has the rank, pay and emoluments of a brigadier 
general, several other field officers who rank as colonels 
of cavahy, and various subordinate field and stafi" offi- 
cers. There is also a regular organization of officers of 
ordnance, of engineers, and of topographical engineers. 
Each regiment has a colonel, a lieutenant colonel, a 
major, an adjutant, who is taken from the sulialterns of 
the line, a sergeant major and a" quartermaster ser- 
geant. Each company has a captain, two lieutenants, 
(the artilleiy companies have three,) four sergeants, four 
corporals and two musicians. 

4. The commissioned officers of the army are ap- 
pointed by the president, with the advice of the senate ; 
and he may, in like manner, confer brevet rank on 

11* 



126 THE ARMY. 

officers who distinguish themselves by gallant actions 
or meritorious conduct. Such officers are entitled to 
the pay and emoluments of their brevet rank when on 
duty and having a command according to that rank, 
and at no other time. All enlistments into the army are 
m^ade, at present, for the term of five years ; and those 
who re-enlist within two months before, or one month 
after the close of their time of service, are entitled to 
three months' extra pay. Two dollars a month of the 
pay of non-commissioned officers and musicians, and 
one dollar of that of private soldiers, are retained until 
the expiration of their term of service. 

5. Officers and soldiers of the army receive for their 
compensation a fixed amount of montlily pay. For 
their subsistence they are allowed rations of provisions, 
consisting of a stated quantity of enumerated articles. 
Commissioned officers are entitled to several rations each, 
according to their rank; or instead of the rations in kind, 
they may at their option, and they in fact do receive 
money, estimating each daily ration at twenty cents. 
Officers commanding in chief a separate army, actually 
in the field, and those commanding military geographi- 
cal divisions or departments, or permanent posts garri- 
soned with troops, are allowed double the number of 
rations to which they would otherwise be entitled. 
Commissioned officers, exclusive of general officers, 
receive one additional daily ration for every five y.ears 
they may have been in the service. Every officer in 
the actual command of a company, has ten dollars a 
month additional pay, for his responsibility in respect 
to the clothing, arms and accoutrements of the com- 
pany. 

6. The soldiers receive ascertain amount of clothing, 
the quantity and kind of wlfich are prescribed by the 
president. In practice, they are allowed about thhty 
dollars' worth, annually. Officers serving on horseback 
are entitled to forage for then horses. A ration of forage 
consists of eight quarts of corn, or twelve quarts of 
oats, and fourteen pounds of hay or fodder a clay ; and 
in lieu of it, when not drawn in kind, each officer 



THE ARMY. 127 

is paid an equivalent in money, at the rate of eight 
dollars a month for each horse to which he is entitled. 
Officers receive, according to then rank, the pay, cloth- 
ing and subsistence allowed to a private soldier, for 
each of as many servants as they actually keep, not 
exceeding the number allowed by existing regulations. 

7. A ration, as established m 1802, consists of one 
pound and a quarter of beef, or three quarters of a 
pound of pork, eighteen ounces of bread or flour, one 
gill of rum, whiskey or brandy ; and at the rate of two 
quarts of salt, four quarts of vinegar, four pounds of 
soap, and one pouncf and a half of candles, to every 
hundred rations. The president is authorized to make 
such alterations in the component parts of the ration, 
as a due regard to the health and comfort of the army, 
and economy may require. Li 1838 the allowance of 
sugar and coHee, in lieu of the spirit or whiskey part of 
the army ration, as aheady directed by regulation, was 
fixed at six pounds of coffee and twelve jDOunds of 
sugar to every one hundred rations, to be issued week- 
ly, when it can be done with convenience to the pubhc 
scr\dce, and when not so issued, to be paid for in 
money. 

8. The military academy at West Point, in the state 
of jN'cw York, consisting of the corps of engineers, sev- 
eral professors, and the cadets, is conducted and main- 
tained by the national government. The chief officer 
of engineers has the superintendence of the academy, 
under the direction of the president of the United 
States. The number of cadets is not alloAvcd at any 
time to exceed two hundred and fifty. They are at- 
tached as students to the military academy, are ar- 
ranged into companies, trained and taught all the duties 
of a private, non-commissioned officer, and officer, and 
are encamped at least three months in each year, and 
instructed in all the duties incident to a regular camp. 
They are requhed also to go through with a prescribeil 
systematic course of mathematical and oilier studies, 
designed especially to qualify them for engineers antl 
officers in the army. 



12S THE NAVY. 

9. Candidates for cadets must not be under four- 
teen nor over twenty-one years of age, and must be 
well versed in reading, writing and arithmetic. They 
are appointed by the president, from the several states, 
in proportion to their representation in congress ; and 
they are required to sign articles, with the consent of 
their parents or guardians, engaging to serve eight 
years, unless sooner discharged. Formerly the term 
was five years. They each receive from the govern- 
ment what is equivalent to about twenty-eight dollars a 
month. Those who have received a regular degree at 
the academy are considered as among candidates for a 
commission in any corps for which they are deemed to 
be fitted ; and if there is no such vacancy, at the time, 
they may, at the discretion of the president, be attached 
to such corps, but not more than one to a company, by 
brevet of the lowest grade, as supernumerary officers, 
until a vacancy shall happen. 



CHAPTER XXXIV. 

THE NAVY AND MARINES. 

1. The naval force of the United States consists of 
eleven ships of the line, canying seventy-four or more 
guns each ; seventeen frigates, mounting usually forty- 
four guns ; about twenty sloops, carrying from sixteen 
to twenty guns ; and some twenty smaller vessels, 
brigs, schooners, steamers, store ships and receiving 
vessels. By act of congress of 1827, the sum of five 
luuidred thousand dollars a year, for six years, was 
appropriated for the gradual improvement of the navy ; 
and that act was continued for six years longer from 
the 3d of March, 1833. In 1819 it was established as 
a rule, that all ships of the navy, then building, or 
thereafter to be built, should be named, those of the 
first class, or ships of the line, after the states of the 



THE NAVY. 129 

Union ; those of the second class, or frigates, after the 
rivers ; and those of the third class, or sloops, after the 
principal cities and toAvns. 

2. The president is authorized to keep in actual 
service, in time of peace, so many of the frigates and 
other armed vessels of the United States, as in his 
judgment the nature of the service may require ; and 
to cause the residue to be laid up in ordinaiy, and in 
convenient ports. He may also direct any of the armed 
vessels to be sold, whenever he shall be of opinion 
they are so much out of rcpah that it will not be 
for the interest of the United States to repah them. 
The public armed vessels in actual service, in time of 
peace, are to be officered and manned as the president 
shall direct. Vessels mountmg upwards of twenty 
guns are commanded by captains ; smaller vessels by 
commanders or Heutenants, according to the size of the 
vessel, to be regulated by the president. 

3. The regular complement of officers for a sliip of 
the line consists of a captain, six lieittenants, a captain, 
lu'st and second lieutenant of marines, a surgeon, chap- 
lain, purser, and three surgeon's mates, appointed, as 
all commissioned officers in the nn.vY are, by the presi- 
dent, with the approval of the senate ; a master, second 
master, tln-ee master's mates, a boatswain, carpenter, 
sailmaker, and twenty midshipmen, appointed by the 
president alone, and called urirrant officers ; and about 
forty petty officers who are appointed by the captain of 
the sliip. The crew of such a ship consists of two 
hundred able seamen, three hundred ordinary seamen 
and boys, three sergeants, three corporals, one drum- 
mer, one fifer, and sixty marines. A vessel of this 
kind has also a teacher of languages or a professor of 
mathcjjiatics. 

4. The highest gi-ade in the navy of the United 
States, is that of captain. The title, commodore, is one 
of courtesy merely, and is given properly to a captain 
who is ordered to the command of a squadron ; but it 
is now customaiy to apply it to captains in the com- 
mand of navy yards, though they may never have 



130 THE NAVY. 

commanded a squadron. The term post caj)tain is said 
to be improperly used with us, being borrowed from 
the British service, where it means one that shall take 
post in order of battle, in a ship of the line. Surgeons, 
surgeons' mates, chaplains and pursers are commis- 
sioned officers, but are non-combatants. Passed inicl- 
shipmen are warrant officers merely, being those who, 
having passed their examination as midshipmen, are 
candidates for a commission as lieutenants. Professors 
of mathematics and teachers of languages receive a 
letter of appointment only. 

5. The annual pay of officers of the navy varies, 
according as they are employed about one or another 
kind of duties, or are absent on leave, waiting orders, or 
on furlough. Leave of absence is limited to a period not 
exceeding three months, at one time, and the officer is 
not authorized, without special permission, to go be- 
yond the limits of the United States. Furlough may 
extend to any period, during which the officer may go 
where he pleases, and dispose of himself as he sees fit. 
Officers on furlough receive only one half the pay to 
which they would be entitled if on leave of absence ; 
and no officer may be put on furlough but at his own 
request. Officers are entitled to only one ration a day, 
when attached to vessels for sea service, and no ser- 
vants are allowed them, nor pay, clothing or rations for 
servants ; nor any thing for expenses, except for trav- 
elling expenses when under orders, for which they 
receive ten cents a mile. 

6. It is lawful to enlist, for the navy, boys between 
the ages of thirteen and eighteen years, with the con- 
sent of their parents or guardians, to serve until they 
arrive at the age of twenty-one. Other persons are 
enlisted for a period not exceeding five years, and may 
be sooner discharged by direction of the president. 
Rations are allowed in the navy in the same manner 
as in the army. No commissioned officer or midship- 
man, nor any person under twenty-one years of age, is 
permitted to draw the spirit part of the daily ration ; 
and all other persons may relinquish that part, under 



THE NAVY. 131 

such restrictions as the president shall authorize. Those 
who do not receive this part of the ration are entitled, 
in lieu of it, to its value in money, according to the 
established prices. 

7. The navy ration, as established by act of con- 
gress, in 1842, consists of the daily allowance, for each 
person, of a pound of salted pork, with half a pint of 
peas or beans ; or a pound of salted beef, with half a 
pound of flour, and a quarter of a pound of raisins, 
dried apples, or other diied fruits ; or a pound of salted 
beef, Avith half a pound of rice, two ounces of butter, 
and two ounces of cheese, together with fourteen 
ounces of biscuit, a quarter of an ounce of tea, or an 
ounce of coffee or of cocoa, two ounces of sugar, and a 
gill of spirits : and of a weekly allowance of half a 
pound of pickles or cranberries, half a pint of molasses, 
and half a piiit of vinegar. In certain cases, other arti- 
cles may be substituted for some of these ; or the arti- 
ticles of butter, cheese, raisins, dried apples, or other 
dried fruits, pickles and molasses, substituted for each 
other and for spirits. 

8. There are navij yards at Portsmouth, N. H., 
Charlestown, Mass., Brooklyn, N. Y., Philadelphia, 
Pa., Washington, D. C, Gosport, Va., and Pensacola, 
Flor., each of wliich is under the command of a cap- 
tain of the navy. At these navy yards, the vessels of 
Avar are built and repaired, and navy materials, arms 
and munitions of war are kept in store. There are ten 
permanent naA'y agents, and about as many naval 
storckeejjers, who are stationed at or near the navy 
yards and other principal naval stations. Marine hos- 
pitals to the number of twelve or upwards, for the 
benefit of sick and disabled seamen, have been estab- 
lished near the principal seaports, and on the waters of 
the western rivers and lakes. These have been erect- 
ed and supported, in part by general appropriations, 
and in part with money from the marine hospital fund, 
which is raised by deducting and retaining twenty 
cents a month out of the pay of each of the officers. 



132 POST OFFICE DEPARTMENT. 

seamen and marines of the navy, and of the seamen 
employed in merchant vessels. 

9. There is a marine corps, consisting of about sixty 
commissioned officers, upwards of two hundred non- 
commissioned officers and musicians, and one thousand 
privates. The members of tliis corps are on the same 
footing, as to rank, pay and allowances, as those of 
similar grades in the infantry. Enlistments are made 
for the term of four years, and the recruits take the 
same oath as those who enlist into the army. The 
marine corps is subject to the regulations established 
for the navy, except when detached for service with 
the army. Detachments of the marines may be made, 
and officers of the corps appointed, to act on board the 
public vessels of war, as the president shall judge nec- 
essary ; and when he shall so direct, tliis corps is liable 
to do duty in the forts and garrisons on the seashore, 
or any other duty on shore. 



CHAPTER XXXV. 

THE POST OFFICE DEPARTMENT. 

1. The general post office is established at Wash- 
ington, and is under the direction of the postmaster 
general, who is authorized to appoint three assistants, 
and the clerks of the department, at present about fifty 
in number. La case of the death, resignation, or ab- 
sence of the postmaster general, his powers and duties 
devolve, for the time being, upon the first assistant 
postmaster general. Every person employed in the 
general post office, or in the care, custody, or convey- 
ance of the mail, is required, before entering upon the 
duties of his office, to take and subscribe, before some 
magistrate, an oath or affirmation, a certificate of which 
is to be ffied in the general post office, faithfully to 



POST OFFICE DEPARTMENT. 133 

perform all the duties required of liim, and to abstain 
from every thing forbidden by the laws in relation to 
the establishment of the post office and post roads. 

2. The revenue arising in the post office dej^art- 
ment is paid, mider the direction of the postmaster 
general, into the treasury of the United States ; and all 
receipts of the treasurer for money entered to the credit 
of that department, must be indorsed upon warrants 
di'awn by the postmaster general. The appropriations 
for the service of the post office department, are dis- 
bursed by the treasurer, out of the moneys thus paid 
in, upon the warrants of the postmaster general, duly 
registered and countersigned. When, as has sometimes 
happpened, the income of the department has been 
insufficient to defray its expenses, congress has made 
special ajipropriations for the purpose, out of other 
moneys in the treasury. The gross annual revenue of 
the department, is now nearly five millions of dollars ; 
and the expenditures are usually about the same sum. 

3. Some of the duties of the postmaster general 
are, to establish post offices, and appoint postmasters at 
such places as shall appear to him expedient, on the 
post roads established by law; to give his assistants, 
the postmasters, and other persons employed in the 
department, instructions relative to their duties ; and to 
pro\'ide for the carriage of the mail on all post roads 
established by la^v, as often as he shall think proper, 
having regard to all the circumstances. He is to obtain 
from" the postmasters, once in three months, or oftener, 
their accounts and vouchers, with the balances arising 
on them ; to prescribe the manner in which postmasters 
shall pay over their balances; and to superintend the 
business of the department, in all the duties assigned 
to it. 

4. The postmaster general is requii-ed to give public 
notice in one newspaper published at the seat of gov- 
ernment of the United States, and in one or more of the 
newspapers published in the state or territoiy in wliich 
the contract is to be performed, for at least twelve 
weeks before entering into any contract for carrying the 

12 



134 POST OFFICE DEPARTMENT. 

mail, that such contract is intended to be made, speci- 
fying the places from and to wlaich the mail is to be 
conveyed, the time when it is to be made np, and when 
to be delivered. Contracts usually commence from the 
fu'st day of July, which is the beginning of the post of- 
fice year; and no contract can be entered into for a 
longer term than four years. 

5. Proposals for transporting the mail are required- 
to be delivered to the department sealed, and to be 
kept sealed until the biddings are closed, when they 
are opened in the presence of the postmaster general 
and one of his assistants, or in the presence of two 
assistants. The contracts, in all cases, are to be 
awarded to the lowest bidder, except when his bid is 
not more than five per cent, below that of the last con- 
tractor on the route bid for, "who shall have faithfully 
performed his contract. Each bidder whose proposal 
is accepted, is required to enter into an obligation, "with 
sufficient sureties, for the performance of the service ; 
and every proposal when made, must be accompanied 
by a written guarantee, signed by one or more respon- 
sible persons, to enter into such obligation, if the bid 
shall be accepted. 

6. No stage or other vehicle which regularly per- 
forms trips on a post road, or on a road parallel to one, 
is allowed to carry letters, and the o"\vner of the vehicle 
is subject to a penalty of fifty dollars for the violation 
of this provision. Only free white persons can be em- 
ployed to carry the mail. Any person concerned in 
conveying the mail, who shall receive or cany any let- 
ter or packet, or procure it to be done, contrary to the 
act of congress, is liable to a fine not exceeding fifty 
dollars, for every such offence. But it is lawful for any 
one to send letters by special messenger ; and the post- 
master general, in entering into a contract with any 
person for conveying the mail, may authorize him to 
carry newspapers and pamplfiets other than those car- 
ried in the mail. 

7. Post riders and other carriers of the mail may 
receive, and if presented more than one mile from a 



POST OFFICE DEPARTMENT. 135 

post office it is their duty to receive any way letters 
that may be offered to them, and they are bound to 
dehver them, together with the postage, if paid, at the 
first post office at which they shall afterwards amve. 
Such letters are there to be duly entered by the post- 
master in the post bill, marked " way," and put into 
the mail ; and they are to be charged, in addition to the 
regular postage from the place where received by the 
carrier, one cent each, which shall be paid by the post- 
master to the carrier from whom the letter was re- 
ceived. 

8. The master of any vessel arriving at any port in 
the United States where a post office is established, is 
required, before being permitted to make entry at the 
custom house, to deliver to the postmaster all letters 
directed to any person within the United States, wliich, 
tinder liis care or within liis power, have been brought 
in such vessel, except letters directed to the owner or 
consignee of the vessel. The postmaster to whom the 
letters are delivered, is bound to pay the master, or 
other person deliveiing them, except the commanders 
of foreign packets, two cents for each letter or packet ; 
and for the amount thus paid, on furnishing the re- 
quired vouchers, he is credited in his quarterly accounts 
with the department. 

9. The postmaster general is authorized to make 
pro\'ision, where it is necessary, for the receipt of let- 
ters and packets intended to be conveyed by any vessel 
beyond sea, or from one port to another within the 
United States. The letters so received are formed 
into a mail, sealed up, and directed to the postmaster 
of the port to which the vessel is bound. For every 
such letter or packet there is to be paid, at the time of 
its reception, a postage of one cent, for the use of the 
postmaster receiving the letter or packet. When let- 
ters are sent by mail to a seaport, to be conveyed thence 
by ship, the postage must be paid for the distance they 
are carried in the mail, or they will not be mailed at the 
port and put on board the ship. 



136 POSTMASTERS. 

CHAPTER XXXVI. 

POSTMASTERS. 

1. The postmaster general had formerly the exclu- 
sive power of appomtiiig and removmg all deputy post- 
masters, at Iris pleasure. But since 1836, postmasters 
for offices at which the annual income exceeds one 
thousand dollars, are appointed by the president, with 
the advice of the senate, for the term of four years, 
unless sooner removed by the president. The nu.mber 
of postmasters is nearly fourteen thousand, and the 
patronage of the postmaster general, which, before the 
change just referred to, it was remarked, rivalled if it 
did not exceed that of the president himself, is still 
enormous. The commissions of postmasters bear the 
official seal of the department. Upon the appointment 
of any person to the office of postmaster, the post- 
master general is required to take of him a bond with 
approved security, in such sum as he shall judge suffi- 
cient, conditioned for the faithful performance of the 
duties of the office. 

2. Every postmaster is required to keep an office in 
which some person shaU attend every day on ^vhich a 
mail arrives, as weU as on other days, at such hours as 
the postmaster general may direct, for the performance 
of the business of the office. It is the duty of the 
postmaster at all reasonable hours, on every day of the 
week, to deliver, on demand, any letter, paper or 
packet, to any person authorized to receive it. And 
all letters brought to any office half an hour before the 
time of making up the mail, for the route by which 
they are to be sent, must be forwarded by that mail, 
excepting at offices where the postmaster general shall 
prescribe a longer time, but not to exceed one hour, for 
making up the mail. Where there is no special regu- 



POSTMASTERS. 137 

lation on the subject, postmasters are allowed seven 
minutes for changing the mail, on the route. 

3. Letters deposited in any post office to be sent by 
mail are disposed of in the following manner. Those 
for each office within the state, and also those for 
each office without the state, to which they can be 
conveyed by a route more direct than through a dis- 
tributing post office, are put in a separate parcel, and 
each parcel with a post bill specifying the number of 
letters inclosed and the postage chargeable upon them, 
is wrapped in paper, and tied with twine, and directed 
to the proper office. All other letters are sorted, ac-. 
cording to the direction they are to take, and done up 
in parcels, which are dhected, " northern," " southern," 
" eastern," and "western," as the case may be, and are 
forwjirded accordingly. These parcels are stopped at 
the ffi-st distributing office at which they arrive, and are 
there opened, and their contents distributed and des- 
patched in the proper direction. The number of dis- 
tributing post offices averages about two to each state. 

4. Postmasters receive for their compensation such 
commission as may be allowed them by the postmaster 
general on the postage collected by them respectively, 
not to exceed the following rates on the amount re- 
ceived in any one quarter, and heretofore it has been 
fixed at these rates, namely ; thirty per cent, on any 
sum not exceeding one hundred dollars ; twenty-five 
per cent, on any sum above the ffi'st one hundred dol- 
lars, and not exceeding four hundred dollars ; twenty 
})cr cent, on any sum above the first foar hiuidred dol- 
lars, and not exceeding two thousand four hundred 
dollars ; and eight per cent, on any sum above the tu-st 
two thousand four hundred dollars. A commission of 
fifty per cent, may be allowed on the postage received 
for newspapers, magazines and pamphlets ; and where 
the income docs not exceed five hundred dollars in one 
quarter, the postmaster may be allowed two cents for 
eveiy free letter delivered out of the office, except- 
ing such as are for himself There is a small ad- 
ditional compensation at offices where the mail is 

12* 



138 POSTMASTERS. 

regularly to arrive in the night time, and also at those 
where foreign mails are received and despatched, and 
at distributing offices. 

5. Whenever the annual emoluments of any post- 
master, after deducting the necessary expenses of his 
office, amount to more than two thousand dollars, the 
surplus is to be paid over to the postmaster general, 
for the use of the department. And the postmasters of 
the several cities of the Union are now required to 
render to the postmaster general, under oath, a quar- 
terly account of all emoluments received by them for 
boxes, or other receptacles for letters or papers, or for 
the delivery of letters or papers at any other place than 
the actual post office of the city, or accruing by reason 
of keeping branch post offices. And if it shall appear 
that the net amount received by either of such post- 
masters, from all the sources enumerated, exceeds 
three thousand dollars in any one year, the excess 
above that sum is required to be paid over to the post 
office department; so that now, no postmaster can 
retain more than five thousand dollars a year, for all 
services and perquisites whatsoever. 

6. Each postmaster is required to publish, at the 
expiration of every three months, or oftener if the post- 
master general shall so direct, in one of the newspapers 
published at or nearest the place of his residence, for 
tlu-ee successive weeks, a list of all the letters remain- 
ing in his office ; or instead of that to make out a num- 
ber of lists, and post them up in public places in the 
vicinity. At the expiration of the next three months, 
such of these letters as then remain on hand, are to be 
sent as dead letters to the general post office, there to 
be opened and inspected. If any of them are found to 
contain valuable papers, or matters of consequence, 
they are returned to the writers of them, or are ad- 
vertised in the manner prescribed by law, and the let- 
ters and then- contents are preserved, to be delivered 
to the persons to whom they are addressed, upon pay- 
ment of the postage and the expense of publication. 

7. Postmasters are bound to render their accounts, 



POSTMASTERS. 139 

and pay over the balance by them due, at the end of 
every three months. If any postmaster shall neglect or 
refuse so to do, it is the duty of the postmaster general 
to cause a suit to be commenced against him; and 
any postmaster who fails to render his accounts for 
one month after the proper time, forfeits double the 
amount of the postages received at the same office, in 
any equal portion of time previous or subsequent. 
The post office department cannot be made responsible 
for the safe conveyance and delivery of letters, or of 
money or other articles sent in the mail. Nor are 
postmasters responsible for losses, if they use due care 
and diligence in discharging their duties, and exercise a 
reasonable superintendence over the persons emplo^^ed 
by them. But postmasters, clerks and others in the de- 
partment, are personally liable for losses and injuries 
occasioned by their negligence or delinquency. 

8. If any postmaster shall unlawfully detain in his 
office any letter or packet, with intent to prevent the 
arrival and delivery of it in the usual course of the 
mail ; or if, with the same intent, he shall give a pre- 
ference to any letter or packet over another passing 
through his office, by forwarding the one and retaining 
the other, he is liable to be fined not exceeding five 
hundred dollars, and imprisoned not more than six 
months. And any person employed in the post office 
estalilishment, who shall unlawfully detain or open, or 
shall secrete, embezzle or destroy any letter or jiacket 
intrusted to him, and which is intended to be conveyed 
by post, is subject to a ffiae not exceeding tliree hun- 
dred dollars, or to imprisonment not exceeding six 
months, or to both. But if the letter or packet, so 
secreted, embezzled or destroyed, contained any of 
certain specified securities or assurances relating to 
money, the punishment is imprisonment for not less 
thnn ten nor more than twenty-one years. 

9. It is provided that any person who shall take 
from a mail or post office, any letter or packet, whether 
with or without the consent of the person having 
charge of it, and shall open, embezzle or destroy it, if it 



140 RATES OF POSTAGE. 

contain any article of vahie, or evidence of debt, or the 
like, shall be imprisoned from two to ten years. And if 
any one shall take any letter or packet, not containing 
any article of value, out of a post office, or shall open 
any letter or packet, which has been in a post oifice, 
or in the custody of a mail carrier, before it shall have 
been delivered to the person to whom it is directed, 
with a design to obstruct the correspondence, or to pry 
into another's business or secrets ; or shall secrete, 
embezzle or destroy any such letter or packet, he is 
subject to a fine not exceeding five hundred dollars, 
and to imprisonment not exceeding twelve months. 



CHAPTER XXXVII. 

RATES OF POSTAGE AND FRANKING. 

1. The rates of postage charged on all letters and 
packets not excepted by law, conveyed in the mail of 
the United States, are the following : For every letter 
composed of a single sheet of paper, conveyed not ex- 
ceeding thirty miles, six cents ; over thirty and not ex- 
ceeding eighty miles, ten cents ; over eighty and not 
exceeding one hundred and fifty miles, twelve and a 
half cents ; over one hundred and fifty and not exceed- 
ing four hundred miles, eighteen and three fourths 
cents; over four hundred miles, twenty-five cents. 
Every letter composed of two pieces of paper is 
charged with double, of three pieces, with triple, and 
of four pieces, with quadruple those rat2s. For one or 
more pieces of paper mailed as a letter and weighing 
one ounce, avoirdupois, and for every packet composed 
of one or more other articles, and weighing one ounce, 
quadruple postage is charged, and at the same rate for 
all greater weights. 

2. The postage marked on any letter or packet, and 
charged in the post bill accompanying it, is conclusive 



BATES OF POSTAGE. 141 

evidence of the lawful postage on such letter or packet, 
in favor of the postmaster who delivers it, unless it be 
opened in the presence of the postmaster or liis clerk ; 
and when so opened, such postage is to be paid as, 
upon examination, shall appear to be lawfully chargea- 
ble. No postmaster may receive, to be conveyed by 
mail, any packet weighing more than three pounds. 
Every letter lodged at any post office, not to be carried 
by post, but to be there delivered, is chargeable with a 
postage of one cent. Every letter or packet brought 
into the United States, or carried from one port to 
another in an^'' private vessel, is charged Avith six cents, 
if delivered at the post of&ce where it is first received; 
if sent by post to any other place, two cents are charged 
in addition to the ordinary rates of postage. 

3. Every four folio, or eight quarto, or sixteen octa- 
vo, or twenty -four duodecimo, or smaller pages, what- 
ever be the size of the paper, are considered a sheet ; 
and the surplus pages of any pamplilet or magazine 
are also considered a sheet. Every printed pamphlet 
or magazine, which contains more than twenty-four 
pages on a royal sheet, or any sheet of less dimensions, 
is charged by the sheet, and small pamj)hlets printed 
on a half or quarter sheet of royal or less size, are 
charged with half the postage of a full sheet. It is re- 
quired that there be printed or written on one of the 
outer pages of all pamphlets and magazines that are to 
be sent by mail, the number of sheets they contain ; 
and if that number be not truly stated, double postage 
is to be charged. The covers of pamphlets and maga- 
zines are not reckoned, if used merely as covers, and 
not containing printed matter. 

4. Magazines and pamphlets, if pubhshed periodi- 
cally, may be transported in the mail to subscribers, at 
a postage of one cent and a half on each sheet, for any 
distance not exceeding one hundred miles, and two 
and a half cents for any greater distance. On such as 
are not periodically published, the postage is four cents 
a sheet for any distance not over one hunched miles, 
and six cents if the distance exceed one hundred miles. 



142 FRANKING. 

Newspapers are charged with a postage of one cent 
each, if conveyed not more than one hundred miles, 
and a cent and a half for any greater distance ; but the 
postage of a single newspaper from any one place to 
any other in the same state, is but one cent. Newspa- 
pers which are to be carried by mail are required to be 
under cover, open at one end. 

5. Any memorandum written on a newspaper or 
printed pamplilet, and sent openly by mail, is chargeable 
with letter postage. Any person who shall enclose or 
conceal a letter or other thing, or any memorandum in 
writing, in a newspaper or pamphlet, or make any 
writing or memorandum thereon, and shall cause it to 
be delivered into a post office in order to have it carried 
by mail, free of letter postage, is liable to a fine of five 
dollars. And, in such case, the letter, newspaper, 
package, or other thing, shall not be delivered to the 
person to whom it is directed, until the amount of 
single letter postage is paid for every article of which 
the package is composed. 

6. The prohibition in regard to writing upon ncAvs- 
papers and pamphlets, according to the construction 
now put upon it by the department, extends to any 
words, however few, other than the name of the person 
addressed. Postmasters are directed to remove the 
wrappers of transient newspapers and pamphlets, 
which have reached their destination, and to examine 
the papers. Those used as vehicles of communication, 
by means of underscoring, dotting, or pricking letters or 
words, or by other devices, are to be charged, on dehv- 
ery, with letter postage. If refused or not taken out, 
they are to be returned to the office where fu-st mailed, 
and the postmaster there is to collect the legal penalty 
of five dollars, of the person who committed the of- 
fence. 

7. Certain persons are entitled, by law, to receive 
and convey letters and packets, and to receive news- 
papers, by post, free of postage. There are about forty 
individuals who enjoy the privilege oi franking, in its 
full extent, being the incumbents, for the time, of the 



FRANKING. 143 

principal executive offices of the national government, 
and such persons as have held the office of presi- 
dent of the United States, and the widows of these last. 
Each member of congress has this privilege from the 
period of sixty days before he takes his seat until the 
meeting of the next congress ; provided that each letter 
or packet, except documents printed by the order of 
either house, do not exceed two ounces in weight, and 
in case of excess of weight, that excess alone is to be 
paid for. The secretary of the senate and clerk of the 
house of representatives have the same privilege as 
members of congress, but restricted to the period of 
sixty days before and after each session. 

8. All postmasters are allowed to send and receive, 
free of postage, letters and packets containing nothing 
other than paper or money, and not exceeding half an 
ounce each in weight ; and they may receive one daily 
newspaper or its equivalent. Every printer of news- 
papers is entitled, under certain regulations, to send 
one paper to every other printer of newspapers within 
the United States, free of postage ; and the governor 
and the adjutant general of each state have the privi- 
lege of franking, for particular limited purposes. When 
a letter or packet is to be franked, the individual writes 
upon it the word " free," to which he signs his name 
and adds the office that gives hmi the privilege of 
franking. No person who has tlris privilege, except the 
head officers of the several executive departments in 
certain cases, can frank letters other than those written 
by himself, or by his order, on the business of Iris office, 
under a penalty of ten dollars. 



144 PATENTS AND COPYEIGHTS. 

CHAPTEE XXXVIII. 

PATENTS AND COPYRIGHTS. 

1. The patent office is attached to the department 
of state, and at the head of it is the commissioner of 
patents, who is appointed by the president, with the 
advice and consent of the senate. It is his duty, under 
the direction of the secretary of state, to superintend 
and perform all required acts in resj)ect to the granting 
of patents for new and useful discoveries, inventions 
and improvements, and he has the charge and custody 
of all books, records, models, and other things belong- 
ing to the ofhce. The persons employed in the office, 
consisting of five clerks, two assistant examiners, a 
machinist, and a messenger, are appomted by the com- 
missioner of patents, subject to the approval of the 
secretary of state. The chief clerk, in the necessary 
absence of the principal officer, or of a vacancy in that 
office, performs the duties of commissioner, for the 
time being. 

2. Any person wishing to procure a patent for any" 
new and useful art, machine, or manufacture, may for 
that purpose make application in writing to the com- 
missioner of patents. He must file in the patent office 
a written description or specification of the invention 
or discovery, and of the manner of making and using it, 
ejcpressed in clear and exact terms ; and in case of a 
machine, he must explain the principle on which it 
operates, and specify the part, improvement, or combi- 
nation which he claims as his own invention. He must, 
when the nature of the case will admit of it, accom- 
pany the whole with drawings and written references ; 
and if it can be done, furnish a model of his invention, 
of a convenient size to exhibit its several parts. The 
applicant is required to make oath or affirmation that 



PATENTS. 145 

he verily believes he is the original inventor or discov- 
erer of the art, machine, or improvement in question. 

3. No application for a patent will be considered by 
the commissioner, until the applicant has paid into the 
treasuiy of the United States, or into the patent office, 
thirty dollars, commonly, if he be a citizen of the 
United States, or an alien who has resided in the 
United States one year and made oath of his intention 
to become a citizen; five hundred dollars, if a subject 
of the king of Great Britain ; and any other person, 
three hundred dollars. The money thus received into 
the treasmy constitutes a fund for paying the salaries 
of the officers and clerks, and other expenses of the 
patent office, and is called the patent fund. In case the 
applicant shall voluntarily withdraw his application, re- 
linquishing his claim to the model, he is entitled to re- 
ceive back two thirds of the duty paid into the treas- 
uiy, on accoimt of the application. 

4. It was enacted by congress in 1842, that any citi- 
zen, or any alien having resided one year in the United 
States, and taken the oath of his intention to become 
a citizen, who by his own industry, genius and ex- 
pense, may have invented or produced any new and 
original design for a manufacture, or for the printing of 
fabrics, or for a bust, statue, or the like, or any new 
and original impression or ornament, or new and useful 
pattern or print, to be worked into or printed or fixed 
on any article of manufacture, or any new and original 
shape or configuration of any article of manufacture, 
may obtain a patent therefor, on making application in 
the usunl way. The fee in such cases is one half the 
sum which, by existing laws, would be required of the 
particular applicant, and the duration of the patent is 
seven years. 

5. Whenever, upon examination, the commissioner 
shall be of opinion, that the party applying is not enti- 
tled to a patent, upon his existing application, he is 
required to notify the applicant to that effect ; who may 
then withdraw his application, or modify it, and submit 
it again to the commissioner, and if his decision is ad- 

13 



146 PATENTS. 

verse, lie may appeal to the chief justice of the district 
court for the District of Columbia. If a patent be re- 
fused by the commissioner, or by the chief justice of 
the District of Columbia on appeal from the commis- 
sioner, the party may have a remedy by a bill in 
equity, in the circuit court of the United States. When 
the commissioner shall be of opinion that the applicant 
is entitled to a patent upon his specification and claim, 
as well as when his right has been established in 
either of the modes to which he may resort, a patent 
is granted accordingly. 

6. All patents issue in the name of the United States, 
under the seal of the patent office, signed by.the secre- 
tary of state, and countersigned by the commissioner 
of patents ; and they are required to be recorded, to- 
gether with the specifications and drawings, in the pa- 
tent office. Every patent contains a general descrip- 
tion of the invention or discovery, and it grants to the 
applicant, his legal representatives and assigns, the ex- 
clusive right to make, use and sell the invention or dis- 
covery, for a term not exceeding fourteen years. Pa- 
tents may be extended for a further term of seven 
years, when, upon a hearing before^ the secretary of 
state, the commissioner of patents, and the solicitor of 
the treasury, it shall appear to that board that the pa- 
tentee, without fault on his part, has failed to obtain 
from his invention a reasonable remuneration for the 
time, ingenuity and expense bestowed upon it, and 
they shall deem such extension just and proper. 

7. It is the duty of the commissioner to cause to be 
classified and arranged, in rooms and galleries provided 
for that purpose, in such manner as shall be conducive 
to a beneficial and favorable display of them, the mod- 
els, and specimens of compositions, and of fabrics, and 
other manufactu.res and works of art, patented and un- 
patented, which are deposited in the patent office. 
These rooms are to be kept open during suitable hoiu's, 
for public inspection. In December, 1836, the patent 
office was burnt with all its contents, including the 
models, specifications, and drawings, and the records 



COPYRIGHTS. 147 

and other documents. Congress, in 1837, passed an 
act requiring the commissioner of patents to procure 
duplicates to replace such of the models thus destroyed 
as were most valuable and interesting, provided they 
could be obtained at a reasonable expense, the whole 
amount of expenditure for that purpose not to exceed 
one hundred thousand dollars. 

8. The act of 1842 provides, that if any person shall 
stamp upon anything made or sold by him, for the sole 
making and selling of which he has not obtained a pa- 
tent, the name of any other person Avho has obtained 
such i)atent, without the consent of the patentee ; or if 
any person, upon any such thing, without the license 
of the patentee, shall stamp the Avord "patent", or 
words of the like imj)ort, with the intent of counterfeit- 
ing the mark of the patentee, or shall affix any such 
word on an unpatented article, for the purpose of de- 
ceiving the public, he shall be liable to a penalty of not 
less than one hundred dollars. All patentees and as- 
signees of patents granted after the passage of the act 
in question, are required to have the date of the patent 
stamped or engraved on each article sold, or offered for 
sale ; and the neglect to do so subjects the party to the 
penalty above specified. 

9. As embraced under the same design, to promote 
the progress of science and useful arts, the subject of 
copyrights may be treated of in this connection. Any 
person being a citizen or resident in the United States, 
who shall be the author of any book, map, chart, or 
musical composition, or shall invent, design, etch, or 
engrave any print or engraving, and the executors, ad- 
ministrators, or legal assigns of such person, have the 
sole right of printing, publishing, and selling the work, 
for the term of twenty-eight years from the time of 
recording the title of it. And there is such provision 
made, that at the expiration of this time the exclusive 
right may commonly be continued for the further term 
of fourteen years, upon recording the title of the work 
anew, and complying with all other regulations rec[uired 



148 COPYKIGHTS. 

in regard to original copyrights, and. that within six 
months before the expiration of the first term. 

10. In order to entitle any person to the benefit of 
copyright, he must, before publication, deposit a print- 
ed copy of the title of the book, map, or other article, 
in the clerk's office of the district court for the district 
in Avhich the author or proprietor resides, to be there 
recorded. He must also give" information of copy- 
right being secured, by inserting in each copy of every 
edition published during the term secured, on the title 
page, or the page immediately following, if it be a book, 
or if a map, or the like, on the face of it, a notice of the 
entry. The author or proprietor is required also, with- 
in tliree months after the publication of the work, to 
cause a copy of it to be delivered to the clerk of the 
district in which he resides. The copies so deposited, 
the clerk transmits to the secretary of state of the 
United States, to be preserved in his office. 

11. After the title of any work has been duly record- 
ed, no person may print, publish, or import any copy of 
it, without the consent of the person legally entitled to 
the copyright, first obtained in writing, signed in the 
presence of two or more credible witnesses ; and a 
violation of this provision subjects the offender to a 
forfeiture of all the copies or sheets, and also to a fur- 
ther penalty. There is no prohibition against import- 
ing or publishing any \vork, the author of which is not 
a citizen of the United States, nor resident within their 
jurisdiction. It is allowable to make what, under the 
circumstances, would be considered fair quotation from 
a book, but one may not, under the pretence of quo- 
tation, j)ublish the whole, or any material j)art of the 
work. A real and fair abridgment of a book is not a 
violation of copyright; such an abridgment being re- 
garded as an original work. 

12. Any person who shall print or publish any 
manuscript, without the consent of the author or legal 
proprietor, first obtained in writing and duly witnessed, 
if the author or proprietor be a resident of the United 



NEW STATES AND TERIUXORIES. 149 

States, is liable to pay to him all damages occasioned 
thereby ; and the courts of the United States are 
authorized to grant injunctions to restrain such publi- 
cation of any manuscript, in the same manner as they 
may to prevent the violation of the rights of authors 
and inventors. Private letters of the character of liter- 
ary composition, have been held to be protected as 
literaiy property, and the receiver of such letters has 
no right to publish them. So where the publication of 
letters would be a breach of conlMence, or be injurious 
to others, it has been restrained by the courts. 



CHAPTER XXXIX. 

NEW STATES AND TERRITORIES. 

1. The constitution of the United States provides, 
that new states may be admitted by congress into the 
Union ; but no new state can be formed within the 
jurisdiction of any other state, nor by the junction 
of two or more states, or parts of states, without the 
consent of the legislatures of the states concerned, 
as well as of congress. Under the authority thus 
granted, thirteen new states have been added to the 
thirteen wliicli at first composed the Union. Of these 
states, Vermont was originally claimed by New York, 
but it withdrew and established a separate government 
before the close of the revolutionary war; Kentucky 
was taken from Virginia ; Tennessee from North Caro- 
lina ; and Maine from Massachusetts. The rest of the 
new states were formed out of the public domain. 
Previous to their admission, these states, under the 
authority of congress, had framed for themselves state 
constitutions. 

2. Some of the new states were admitted upon cer- 
tain fundamental conditions prescribed by the United 
States. Louisiana was required to provide by its con- 

13* 



150 NEW STATES. 

stitution, that the laws passed by the state should be 
promulgated, its records preserved, and its judicial and 
legislative proceedings conducted, in the Eughsh lan- 
guage. It was also made one of the conditions, on the 
admission of that state and of Mississippi, that the 
river IMississippi, and the navigable rivers and waters 
leading into it, or into the gulf of Mexico, should for- 
ever remain common highways, free to the mhabitants 
of those states, and of the United States. The admis- 
sion of INIissouri was coupled with a condition limiting 
a certain clause of the constitution of that state ; and 
Michigan Avas admitted upon the condition of its ac- 
cepting the boundaries established for the state by 
congress. 

3. To the several states of Oliio, Indiana, Illmois, 
Alabama, Missouri, Arkansas, and Michigan, on then- 
admission, certain propositions were offered by con- 
gress, for their free acceptance or rejection, which hav- 
ing been accepted are binding upon the United States. 
One of these propositions was, that section numbered 
sixteen, in every township, and where that section had 
been sold, or otherwise disposed of, other lands equiv- 
alent, and most contiguous to it, should be granted to 
the state, or the mhabitants of the township, for the 
use of schools. It was also proposed that a specified 
quantity of land, usually seventy-two sections, or two 
toAvnships, in each state, should be reserved for the 

% use of a seminary of learning, and vested m the legis- 
lature of the state, to be appropriated by it solely to that 
use. To some of those states land was granted for the 
purpose of fixing then seat of government, and erect- 
ing public buildings. 

4. Another proposition Avas, that all salt springs, 
within each of these states, with the land reserved, or 
wliich might be designated in the mode prescribed, for 
the use of them, not exceeding, in the whole, thirty-six 
entire sections, should be granted to the state for its 
use, or that of the people, to be used under such terms 
and regulations as the legislature of the state should 
direct ; provided that they should not bo sold nor leased 



NEW STATES. 151 

for a longer period than ten years, at any one time. In 
Missouri, Ai'kansas, and Michigan, the number of springs 
reserved was hmited to twelve ; and six adjoining or 
contiguous sections of land were allowed for each. In 
Oliio the reservation was of the Scioto salt s})riugs, and 
the township including them, and the salt springs near 
the Muskingum river and in the mihtary tract, with the 
sections of land which include them. 

5. It was further proposed to these seven states, that 
five per cent, of the net proceeds of the lands lying 
within them, respectively, and which should be sold by 
congress, should be reserved for certain public purposes. 
A similar resei'vation was made in regard to Louisiana 
and Mississippi. Of this money, in Illinois three fifths 
are to be appropriated for the encouragement of learning, 
in Indiana, Mississippi, Alabama, and Missouri, tlu-ee 
fifths, and in Louisiana, Ai-kansas, and Michigan, the 
whole, for making public roads, canals, and the like, in 
those states, under the direction of the several state leg- 
islatm-es. In Indiana, Illinois, Mississippi, Alabama, and 
IVIissouri, two fifths are to be applied to the making of 
roads leading to those states, and in Ohio the whole to 
laying out and making roads leading from the navigable 
waters emptying into the Atlantic, to the Ohio, and to 
and through the state, under the direction of congress. 

6. The projiositions above recited were offered upon 
certain concUtions, for the fulfilment of which the con- 
^'entions of all the states above named were to provide 
l)y an ordinance, in-evocable without the consent of the 
United States. These conditions, some or all of which 
were prescribed for each of those states, were, that the 
waste and unappropriated lands within such state should 
be at the sole disposal of the United States ; that no tax 
shoukl be imposed on lands the property of the United 
States ; that all Itmd sold by congress should be exempt 
from any tax laid by or under the authority of the state, 
for five years after its sale, and Ijounty lands granted for 
services during the late Avar, for three years from the 
iliite of the patents, provided they continued to be held 
Ijy tlu^ jiatentccs, or their heirs ; and that tlio lands of 



152 TERRITORIES. 

non-resident proprietors should in no case be taxed high- 
er than those of residents. 

7. The constitution hke^vise^ vests in congress poAV- 
er to dispose of, and make all needful rules and regula- 
tions respecting the territory or other property belonging 
to the United States. The region lying northwest of 
the river Ohio, extending to the Mississippi river, which 
was then the western boundaiy of the territory of the 
United States, and including the present states of Ohio, 
Indiana, Illinois, and Michigan, and the territory of 
Wisconsin, ^vas first erected into a territorial govern- 
ment under the ordinance of 1787. This ordinance, 
which was drawn up by Nathan Dane, then a member 
of congress from Massachusetts, was established -by 
congress, and consisted of certain articles of compact 
between the original states and the people and states 
within that territory, which were forever to remain un- 
alterable, unless by common consent. 

8. The ordinance of 1787 contained many salutary 
provisions for the security of civil, religious and politi- 
cal liberty, and good government. Among other things 
it provided, that there should be neither slavery nor in- 
voluntary servitude in the territory, otherwise than in 
the punishment of crimes, upon due conviction of the 
party. It declared that there should be formed within 
the territory in question not less than three nor more 
than five states ; and that whenever any one of those 
states should contain sixty thousand free inhabitants, 
it should be admitted into the Union, on an equal foot- 
ing with the original states, and be at liberty to form a 
permanent constitution and state government, which 
however must be republican, and in conformity to the 
principles contained in the ordinance. 

9. All the territory of theUnited States west of the river 
Mississippi, extending to the Pacific Ocean, and includ- 
ing the present states of Missouri, Arkansas, and a part 
of Louisiana, and the territory of Iowa, was originally 
called the territory of Louisiana. This whole territory 
was purchased of France, for about fifteen millions of 
dollars, and was ceded to the United States by treaty 



TERRITORIES. 153 

of 1803. In the act of congress authorizing the people 
of Missouri to form a constitution and state govern- 
ment, it was provided, in consideration of slavery l)cing 
allowed to exist in that state, that in all the terriloiy 
ceded by France, which lies north of thirty-six degrees 
and thirty minutes north latitude, not included within 
the limits of the state of Missouri, slavery and involun- 
tary servitude, except, in the punishment of crimes, 
should be, and they were thereby, forever prohibited. 

10. The territory of Florida was ceded to the United 
States by Spain, by treaty made in 1619, bi-it not ratified 
by the United States till 1821, when it went into effect. 
In this territory and in Wisconsin and Iowa, there are 
territorial governments established by congress. In all 
that portion of the original territory of Louisiana not 
included in the states that have been established west 
of the Mississippi river, or in the territory of Iowa, no or- 
ganized government exists. A part of tliis territory, west 
of Missouri and Arkansas, is appropriated to the Indian 
tribes that have been removed from the states to that 
region. The remainder of the territory is little inhabit- 
ed, but is in the possession, so far as it is occupied at 
all, of various independent tribes of Indians. 

11. In the several territorial governments, the execu- 
tive power is vested in a governor, who is appointed by 
the president, with the advice of the senate, for the term 
of three years, unless sooner removed by the president. 
There is a secretaiy, appointed in like manner for four 
years, who, in case of the necessary absence of the gov- 
ernor from the territory, or of a vacancy in that office, 
performs the duties of governor, for the time being. The 
legislative assembly in each territory consists of a coun- 
cil or senate, and a house of representatives, all chosen 
by the (jualified voters of the respective territories. The 
governor has a qualified negative upon laws passed by 
the asseml)ly, and they are furthermore subject to the 
revision and disapproval of congress. The District of 
Cohimbia is under the immediate superintendence and 
government of congress. 



154 GENERAL LAND OFFICE, 

CHAPTER XL. 

THE GENERAL AND SUBORDINATE LAND OFFICES. 

1. The executive duties appertaining to the survey- 
ing and sale of the pubhc lands of the United States, 
and also such as relate to private claims of land, and 
the issuing of patents for all grants of land under the 
authority of the national government, are subject to 
the supervision and control of the commissioner of the 
general land office, under the direction of the president. 
The commissioner has the charge of the records, books 
and papers relating to the public lands, and it is his 
duty to furnish, and certify under the seal of the gen- 
eral land office, copies of any documents in liis office, 
when applied for, to be used in evidence m comts of 
justice. He is also bound, when required by the pres- 
ident, or either house of congi'ess, to give such infor- 
mation as may be directed, relative to the public lands, 
and concerning the business of his office. 

2. There is a ]}i'incipal clerk of the public lands, and 
one of private land claims, ^vho perform such duties as 
are assigned to them by the commissioner ; and' in case 
of vacancy in the office of commissioner, or of the 
absence of that officer, the principal clerk of the pub- 
lic lands discharges the duties of that station, for the 
time being. There is also a principal clerk of the sur- 
veys, whose duty it is to direct and superintend the 
making of surveys, and all matters relating to them, 
and to perform such other duties as are assigned to 
him by the commissioner. The president of the United 
States is allo"\ved a secretary, who, under the direction 
of the president, signs for him, and in his name, all 
patents for lands sold or granted under the authority of 
the United States. 

3. The recorder of the general land office is required 
to certify, and affix the seal of that office to all patents 



LAND OFFICES. 155 

for public lauds, iu pursuauce of iustructious from the 
commissioucr, aud to couutersigu such patents, and 
attend to the correct engrossing, recording and trans- 
mission of them. There is a solicitor of the general 
land office, whose business it is to examme, and report 
to the commissioner, the state of facts in all cases 
referred to him by the commissioner, which involve 
questions of law, or where the facts are in controversy 
between the agents of the government and individuals, 
or there are conflicting claims of parties before the 
department, with his opinion on such cases. When re- 
quired, he is to advise the commissioner on all ques- 
tions relative to the public lands, and to render other 
professional sei-vices, connected with the business and 
duties of the department. 

4. All patents issuing from the general land office, 
are required to be in the name of the United States, 
signed for the president by his secretary, countersigned 
by the recorder of the general land office, and recorded 
in that office in books kept for the purpose. Warrants 
issued by the secretary of war, for lands granted by the 
United States for mihtary services, are recorded in the 
land office, and patents are afterwards issued. The 
commissioner of the general land office, the solicitor, 
each of the tlu'ee principal clerks, the recorder, and the 
secretary to sign patents, are all appointed by the pres- 
ident, with the consent of the senate. There are nearly 
one hundi'ed clerks and other persons, employed in the 
general land office, who are appointed by the commis- 
sioner of that office. 

5. There are, at present, established in the several 
states and teiTitories in which the pubhc lands of the 
United States are situated, about seventy subordmate 
land offices, each of which is under the direction of an . 
officer called the register of the land office, who is 
required to reside at the place where such land office 
is kept. There is also a receiver of piiMic moneys, at 
each of the places where public or private sales of 
lands of the United States are made, who receives pay- 
ment for lands sold, and gives receipts for the money. 



156 LAND OFFICES. 

Whenever tlie quantity of land, remaining unsold in 
any land district, is reduced to less than one hundred 
thousand acres, it is the duty of the secretary of the 
treasury to discontinue the land office in such district, 
unless it be at the seat of government of any state. 

6. The several registers are required to receive and 
enter in books kept exclusively for that purpose, the 
applications of any person for the purchase of any sec- 
tion or legal subdivision of a section of land, who shall 
produce a receipt from the treasurer of the United 
States, or the receiver of public moneys, for the amount 
of the purchase money, and also a written memoran- 
dum, describing the tract to be entered ; and the regis- 
ter is to file the receipt and memorandum, and give the 
party a copy of his entry. A patent for the land after- 
wards issues from the general land office. The reg- 
isters are bound to inform any person applying for a 
particular tract of land, "whether it has been already 
entered, and any register who knowingly and falsely 
informs the applicant that such land has been entered, 
and refuses to admit him to enter it, is liable to pay him 
five dollars for each acre which he offered to enter. 

7. The registers and receivers are appointed by the 
president, with the advice of the senate, and give bonds 
in the sum of ten thousand dollars each. They have 
an annual salary of five hundred dollars, and a com- 
mission of one per cent, on all moneys entered and 
received by them respectively ; but the whole amount 
which any register or receiver may retain, is not to ex- 
ceed three thousand dollars in any one year. Receivers 
are required to make monthly returns of the moneys 
received in their several offices, to the secretary of the 
treasury, and to pay over the money pursuant to his 
instructions. They also make like monthly returns, 
and transmit quarterly accounts current between their 
offices and the United States, to the commissioner of 
the general land office, who audits and settles the 
accounts relative to the public lands, certifies the bal- 
ances, and transmits the accounts, with their vouchers, 
to the ffi-st comptroller, for his decision upon them. 



PUBLIC LANDS. 157 

CHAPTER XLI. 

THE PUBLIC LANDS. 

1. The public domain of the United States em- 
braces the territory acquired under the treaty of peace 
with Great Britain ; the territories of Louisiana and 
Florida, ceded by France and Spain ; and the lands 
ceded by individual states. The cessions made by the 
several states were generally expressed to be for the 
common benefit of all the states. Most of the territory 
lying northwest of the river Ohio belonged to Vir- 
ginia, and the cession made by that state, in 1786, was 
declared to be for a common fund for the use and ben- 
efit of such of the United States as were or should, 
become members of the federal alliance, according to 
their usual respective proportions in the general charge 
and expenditure, and for no other use or purpose what- 
soever. 

2. A surveyor iieneral of the lands northwest of the 
Ohio river was appointed in 1796. Other sui*veyors gen- 
eral, to the number of eight in all, have been appointed, 
from time to time, for different portions of the public 
territory. They are authorized to engage a sufficient 
number of skilful sun-eyors as Iheir deputies; and it is 
their duty, pursuant to directions of the president, to 
cause the public lands, within Iheir respective limits, to 
which the Indian title has been extinguished, to be 
surveyed and divided in the manner prescribed bylaw. 
Surveyors general are appointed by the president, with 
the approval of the senate, for four years, unless sooner 
removed. They are required to give bonds in the sum 
of thirty thousand dollars, conditioned for the faithful 
performance of their duties. 

3. The public lands, when surveyed, are divided, as 
far as practicable, by north and south lines, run accor- 
ding to the true meridian, and by others crossing them 

14 



158 PUBLIC LANDS. 

at right angles, so as to form toicnships of six miles 
square. The townships are numbered consecutively, 
and are divided, by parallel lines run through them 
each way, into sections containing six hundred and 
forty acres, or a mile square, which sections are num- 
bered, beginning at the northeast section, and proceed- 
ing west and east, alternately, through the township, 
with progressive numbers, from one to tliirty-six inclu- 
sive. The public lands were at first divided into no 
smaller portions than sections, but by sundry acts of 
congress their subdivision has been authorized, in 1800 
into half sections, in 1805 into quarter sections, in 1820 
into half quarter sections, and in 1832 into quarter 
quarter sections. 

4. All public lands of the United States, when ex- 
posed to public sale, are required to be offered in half 
quarter sections, and when offered at private sale, they 
may be purchased, at the option of the purchaser, in 
entire sections, or in half, quarter, half quarter, or quar- 
ter quarter sections. Since 1820, no credit is allowed 
for the purchase money, on the sale of public lands, but 
every purchaser, if at public sale, must make payment 
on the day of the purchase ; if at private sale, before 
entering the land at the land office. The price at which 
public lands are offered for sale is one dollar and 
twenty-five cents an acre, and no public land can be 
sold, either at public or private sale, for a less price ; 
and at public sales, the highest bidder who shall make 
payment duly, is the purchaser. Prior to the introduc- 
tion of the cash system, in 1820, the price was two 
dollars an acre. 

5. The money derived from the sales of lands be- 
longing to the United States, has heretofore been paid 
into the public treasury, and applied towards defraying 
the ordinary expenses of the government. By an act 
passed at the extra session of congress, in 1841, the 
proceeds of the sales of such lands, after deducting all 
expenses incurred in the care and management of the 
public lands, and after certain reservations in favor of 
the states in which the lands are situated, were to be 



PUBLIC LANDS. 159 

distributed, payable half yearly, among the several 
states of the Union, and the territories, cind District of 
Columbia, according to their respective federal popu- 
lation, as ascertained by the last census, to be applied 
by the state legislatures to such purposes as they should 
deem proper. The distribution was to cease in case of 
war; and also whenever the rate of duties on any arti- 
cles imported should be raised above twenty per cent, 
on the value of them. The latter event having oc- 
curred, the act in question is rendered inoperative. 

6. A law was passed in 1807, prohibiting all per- 
sons from taking possession of, or making settlements, 
without authority, upon lands ceded to the United 
States, and the president was empowered to direct the 
proper marshal to remove such intruders, and they 
were moreover, in certain cases, liable to be punished 
by fine and imprisonment. It has, however, been the 
practice, to a great extent, for persons to settle upon the 
public lands, without right or title, and to cultivate and 
improve them. Such settlers are known by the name 
of squatters. In order to hold out encouragement for 
the settlement of the vacant lands, congress has from 
time to time passed various laws, called pre-emjMon 
laws, securing to actual settlers certain privileges, and 
especially the preference in becoming the purchasers, 
at the government price, of the lands on which they 
shall have settled. 

7. By the act of 1841, it is provided that every per- 
son, being the head of a family, or a widow, or single 
man over the age of twenty-one years, and being a 
citizen of the United States, or having duly filed a 
declaration of intention to become such, who, since the 
fii'st day of June, 1840, may have made a settlement in 
person, upon public lands to Avhich the Indian title has 
been extinguished, and which have been surveyed, and 
who shall inhabit and improve the land and erect a 
dwelling u]ion it, may, with certain limitations and ex- 
ceptions, and upon complying with the required con- 
ditions, enter with the register of the land office for the 
district in wlaich the land lies, by legal subdivisions, any 



160 FOREIGN MINISTERS AND CONSULS. 

number of acres not exceeding one Imndred and sixty, 
to include the person's place of residence, by paying to 
the United States the government price of the land. 



CHAPTER XLII. 

FOREIGN BIINISTERS AND CONSULS. 

1. Ambassadors, or oninisters, are diplomatic repre- 
sentatives of their sovereigns or states, resident at 
foreign courts, for purposes of negotiation and friendly 
intercourse between their own country and that to 
which they are deputed. It is through the correspon- 
dence of its foreign ministers that a government is kept 
advised of the policy and movements of the govern- 
ments at which they are stationed, and of others which 
are there represented. Ministers act under instructions 
from their own government, and their authority extends 
to conducting the ordinary diplomatic intercourse, and 
such special negotiations as may be intrusted to them. 
According to the prevailing usage, a minister is not 
invested with power to bind his sovereign or state con- 
clusively, by treaty; but the government reserves to 
itself the right to ratify or dissent from the treaty en- 
tered into by its minister. 

2. The persons of foreign ministers are inviolable; 
they are exempt from all allegiance to the state to 
which they are delegated, and are not amenable to its 
jurisdiction, civil or criminal. By fiction of law, they 
are considered as out of the territory of the foreign 
power, and within that of their own country, the gov- 
ernment of Avhich has exclusive cognizance of their 
conduct. The attendants of a minister attached to his 
person, and the house in which he resides, are equally 
privileged. But in case of any gross insult, or open at- 
tack upon the laws or government of the nation to 
which the minister is sent, that nation may refuse to 



FOREIGN MINISTERS AND CONSULS. 161 

treat mtli him, or may apply to his own sovereign for 
his recall, or he may be dismissed and required to de- 
part within a reasonable time. 

3. There are several classes of diplomatic agents. 
Ambassadors are of the highest grade ; envoys extraor- 
dinary and ministers jjlenijwtentiary, of the second ; and 
charges d' affaires, of the third. Ministers resident hold 
a rank and dignity intermediate between the last two 
classes, being placed sometimes with the one, some- 
times with the other. The United States have never 
deputed any person with the rank of ambassador, but 
they are usually represented at the courts of foreign 
powers of the first class, by ministers plenipotentiary ; 
and at those of inferior grade by charges d' affaires, or 
sometimes by ministers resident. A minister plenipo- 
tentiary is regularly accompanied, by a secretary of lega- 
tion, who, in the absence of the minister, or while that 
office is vacant, performs some part of the duties of 
minister. 

4. The president is authorized to allow not exceed- 
ing the rates, respectively, of nine thousand dollars a 
year to a minister plenipotentiary, six thousand to a 
minister resident, four thousand five hundred to a 
charge cV affaires, and two thousand to a secretary of 
legation, as a compensation for all their personal services 
and expenses. And he may allow to a minister pleni- 
potentiary or resident, or a charge d' affaires, on going 
from the United States to any foreign country, an outfit 
not greater than one year's full salary. It has been the 
practice to allow as salaries the full sums above named, 
and an outfit, where authorized, equal to one year's 
salaiy. All tliese diplomatic functionaries are required 
to be appointed by the president, with the advice of the 
senate ; bitt in the recess of the senate the president 
may make appointments, which shall be submitted to 
the senate, for confumation, at their next succeeding 
session. 

5. Consnis are commercial agents, appointed to re- 
side in foreign seaports, to watch over the commercial 
rights and interests of the nation by which they are 

14* 



162 CONSULS. 

constituted. They are not public ministers in such a 
sense as to be entitled to the privileges and immuni- 
ties belonging to that character, nor do they enjoy any 
peculiar protection of the law of nations, but are sub- 
ject to the jurisdiction of the countiy in which they re- 
side. Consuls of the United States are sometimes sent 
out from this country, and sometimes persons are ap- 
pointed to that office who are citizens or subjects of the 
foreign country at the ports of which they are sta- 
tioned. They are frequently merchants who are en- 
gaged in active commercial pursuits. They are ap- 
pointed by the president, with the approbation of the 
senate, and are usually paid by fees for their official 
services. But the consuls at the Barbary States, Mus- 
cat, China, the Independent Pacific Islands, and Hayti, 
have an annual salary of two thousand dollars each, 
and the consul at Algiers four thousand, instead of fees; 
and those at London and Paris each receive two thou- 
sand dollars a year or upwards, in addition to their fees. 
6. By the laws of the United States, consuls are 
authorized to receive the protests of shipmasters and 
other persons, relative to the commerce of the United 
States, or to the personal interest of any of their cit- 
izens. It is their duty, ■\\^here the laws of the country 
permit, to administer on the personal estate of citizens 
of the United States, dying within their respective con- 
sulates and leaving there no legal representative. They 
are also required, in the absence of the master, owner 
or consignee, to take measures for saving vessels of the 
United States and their cargoes, when stranded on the 
coasts of their consulates ; and to provide subsistence 
for American seamen, who may be found destitute 
within their districts, and send them home at the public 
expense. To secure the faithful performance of their 
duties, consuls are required to give bonds in a sum not 
less than two thousand, nor more than ten thousand 
dollars. 



INTERNATIONAL RELATIONS. 163 

CHAPTER XLIII. 

INTERNATIONAL RELATIONS. 

1. All independent nations stand on a basis of 
eqnality, with respect to each other, and no natio)i has 
a right to control or dictate the internal polity of any 
other. The laws of any nation have no intrinsic force 
beyond the limits of its own territory, but by mutual 
comity nations are in the practice of paying a certain 
degree of respect and observance to foi'eign laws and 
usages. Ill theii- intercourse with each other, nations 
act, in some measure, on principles of reciprocity ; as 
in the case of laying discriminating duties on im- 
ports, whereby the products of a particular countiy are 
made to pay higher duties than those of other countries. 

2. The relations and intercourse of nations are 
commonly established and regulated by treaties. Trea- 
ties are made by diplomatic agents or ministers, Avho 
are invested with authority for the purpose, by their 
respective governments, and who meet usually at the 
court of one of the powers, if they are at peace with 
each other, and deliberate upon the matters -which are 
the subject of consideration. When the terms of the 
treaty have been digested and settled, they are put in 
writing, and two exact copies are made, which are 
signed and sealed by the ministers who conduct the 
negotiation. One of these copies is sent to the govern- 
ment of each of the contracting powers, and when rati- 
fied by them both, and not before, the transaction takes 
effect as a treaty. 

3. In time of peace, friendly intercourse between 
nations is kept up by means of their diplomatic repre- 
sentatives, stationed at each other's courts. In case of 
war, these representatives return home, and all inter- 
course between the two nations is broken off Some- 
times when a serious misunderstanding arises between 



164 INTERNATIONAL RELATIONS. 

nations, threatening war, the ministers are either re- 
called by their own government, or dismissed by that 
at which they are resident, and thus the amicable rela- 
tions subsisting between them are interrupted. There 
are certain measures occasionally resorted to by one 
nation to harass the commerce of another, which are 
not strictly belligerent, but are of a hostile character, 
and tend to bring on ^^^ar ; such as issuing letters of 
marque and reprisal, and layiug embargoes. 

4. Letters of marque and rejjrisal, or commissions 
from the government to individuals to seize the prop- 
erty of the delinquent state or of its subjects, are 
designed as a means of obtaining redress. They are 
granted in cases where one nation, in its public capa- 
city, or by its subjects, has been guilty of some specific 
and palpable injury to another nation, or its subjects, as 
by withholding a just debt, or by violence to person, or 
property, and refuses to make reparation. A letter of 
tnarque is properly an authority to cross the boundary 
of the injurious party; one of reprisal, to seize his prop- 
erty ; but the two are coupled together. The property 
so taken is brought into port, and detained as a pledge, - 
or sold under the proper judicial authority. 

5. An embargo is a prohibition laid upon the de- 
parture of vessels and their cargoes, from the ports of 
a state, during a certain specified time, or indefinitely. 
This is done by means of a proclamation issued by 
authority of the state, and usually in cases of threat- 
ened hostilities. Such a detention of property is an 
act at first equivocal in its nature. If the controversy 
between the two nations is amicably adjusted, the 
seizure becomes a mere civil detention ; but if it results 
in war, the embargo assumes the character of a hostile 
measure from the first, amounting to an implied declara- 
tion of war ; and the property detained is liable to con- 
demnation as enemy's property. 

6. Previous to the commencement of hostilities, it 
has been usual to make a public declaration of war, 
though war may lawfully exist without any formal 
declaration. But there must be some official act on the 



INTERNATIONAL RELATIONS. 165 

part of the government, to apprize ihe people at home, 
as well as foreign nations, of the new state of things. 
By the strict rule of the law of nations, all property of 
the enemy found in the country, and their vessels and 
cargoes in its ports, at the commencement of hostilities, 
are^^liable to seizure and confiscation ; but the exercise 
of this right rests in the discretion of the government. 
The declaration of war operates as an absolute inter- 
diction of all commercial intercourse and deahng be- 
tAveen the subjects or citizens of the two countries, and 
all contracts made with the enemy during the continu- 
ance of the war are void. 

7. By the laAVS and usages of war, private property 
may be captured at sea, though, in general, it is not 
deemed allowable to take private property upon land, 
without making compensation for it. In time of war, 
armed vessels are frequently fitted out by private indi- 
viduals, to cruise against the commerce of the enemy. 
Such vessels are called iirivateers, and are commis- 
sioned by the government. The prize moneij, or pro- 
ceeds of the property captured by these vessels, as well 
as by public vessels, it is the practice for the govern- 
ment to distribute, wholly or in o-reat part, among the 
captors. When an enemy's vessel has been taken at 
sea, it must be brought into port for adjudication, and 
the property in it is not changed, so that a good title 
can be conveyed, until a regular sentence of condem- 
nation has be'en passed upon it, by a court of compe- 
tent authority. 

8. Neuiral nations, or those that take no part in the 
war, are allowed to carry on their accustomed trade 
with both the belligerent nations, under certain restric- 
tions. Among these restrictions, neutrals are prohibited 
from furnishing the belligerents with such goods as 
come under the denomination of contraband of icar, 
including arms, munitions of war, and Avarlike stores. 
Contraband articles found on board a neutral vessel by 
a belligerent are confiscated to the cai)1or, together with 
all the^rest of the cargo belonging to the same owner, 
and the vessel also, if that be his. Carrying hostile 



166 ALIENS AND NATURALIZATION. 

despatches by a neutral is unlawful, and subjects the 
vessel to confiscation. And the penalty for a breach of 
blockade is the confiscation of the vessel, and generally 
of the cargo. 

9. A blockade is an interception, by one of the bel- 
ligerents, of all commercial communication with a place 
occupied by the other. To constitute a blockade, there 
must be a competent naval force statioaed near enough 
to the port to render dangerous any attempt to ent(u\ 
The neutral must also have had due notice of the ex- 
istence of the blockade, in order to subject him to the 
penalty for its violation. The blockade may be broken 
by going in or attempting to enter, or by coming out 
with a cargo laden after the commencement of the 
blockade. It is said to be raised, when the blockading 
squadron voluntarily abandons its station or is driven 
off by a superior force. A vessel that has committed a 
breach of blockade is subject to capture at any time 
before the end of the return voyage. 



CHAPTER XLIV. 

ALIENS AND NATURALIZATION. 

1. An alien, in this country, is a person born without 
the jurisdiction of the United States. Such persons 
cannot, in general, hold any civil office, or have any 
part in the administration of government ; and they are 
subject to certain inabilities in regard to the possession 
and transmission of property. Alien enemies, or citi- 
zens or subjects of any foreign nation with which the 
United States are at Avar, if found within their limits, 
are liable to be apprehended, secured and removed ; 
and the president is authorized, by his proclamation, or 
other public act, to direct the conduct to be observed 
towards such persons. But if not chargeable with ac- 
tual hostility, they are to be allowed a reasonable time 



ALIENS AND NATURALIZATION. 167 

for the recoveiy, disposal and removal of their effects, 
and for their departure from the country. 

2. An alien may acquire, hold and transmit personal 
property, in the same manner as a citizen ; and in case 
of his death such property goes as directed in his will, 
if he left one ; otherwise it is distributed according to the 
law of the place of his residence, at the time of his 
death. An alien cannot gain a title to real estate by 
descent, or other mere operation of law. He may pur- 
chase land, or take it by devise, but where there is no 
statute provision to the contrary, the land is liable to be 
forfeited to the state, upon certain proceedings had, and 
on the death of the purchaser it cannot descend to his 
heirs, but escheats, as it is termed, and goes to the state. 
He may make a conveyance of land which will bind 
himself, but it will not be valid as against the govern- 
ment. 

3. The constitution vests in congress the power to 
establisli a uniform rule of naturalization throughout the 
United States, and provision has accordingly been made, 
by which aliens, being free white persons, may become 
entitled to the rights and privileges of citizens. For this 
purpose, the individual is required to declare, on oath, 
before a court of record of some state, having common 
law jurisdiction, and a seal and clerk, or a circuit or 
district court of the United States, or before the clerk of 
either of these courts, two years at least before his ad- 
mission to citizenship, his intention to become a citizen 
of the United States. At the time of his admission, 
which can be only when his native country is at peace 
with this, he must declare upon oath, before one of 
these courts, that he will support the constitution of the 
United States, and that he renounces and abjures all 
foreign allegiance. 

4. To entitle the applicant to admission, he must 
prove to the court that he has resided Avithin the Uni- 
ted States five years at least, and within the state or 
territory where the court is held at least one year ; and 
his own oath is never admitted to prove his residence. 
He must also satisfy the court that he has, during this 



168 NATURALIZATION. 

time, been of good moral character, and attached to the 
principles of the constitution. If he has borne any he- 
reditary title, or order of nobility, he is required to re- 
nounce it. In case he shall have arrived in this coun- 
try since the close of the war, in 1815, he mnst have re- 
sided here for the continued term of five years next 
preceding his admission, without being, at any time du- 
ring that period, out of the territory of the United 
States. 

5. The declaration of intention to become a citizen 
is dispensed with, in case the alien resided in this coun- 
try previous to the l-8th of June, 1812, and has since 
continued to reside here ; and such applicant may be 
admitted on his proving, by the oath of citizens, a resi- 
dence within the TJnited States, for at least five years 
immediately preceding the time of his application. So 
if the party has resided in the United States three 
years next preceding his arrival at the age of twenty- 
one years, and thenceforward to the time of his appli- 
cation, he may, after he attains his majority, and has re- 
sided here five years, including the three years of his 
minority, be admitted a citizen without having made 
the previous declaration. But he is required to make 
the declaration at the time of his admission, and also to 
declare upon oath, and prove to the satisfaction of the 
court, that for three years next preceding, it has been 
his actual intention to become a citizen. 

6. When any alien, who has made the required dec- 
laration, dies without being actually naturalized, his 
widow and children are to be considered as citizens, 
and entitled to all rights and privileges as such, on tak- 
ing the oaths prescribed by law. The children of per- 
sons duly naturalized, being nnder twenty-one years of 
age at the time "when their parents were admitted to 
citizenship, are, if dwelling in the United States, to be 
deemed citizens ; but the right of citizenship does not 
descend to persons whose fathers have never resided 
■\Aathin the United States. The period of residence re- 
quired l)efore an alien can be admitted a citizen, has 
varied from time to time. In 1790 it was but two years, 



SLAVE TRADE. 169 

then five, afterwards fourteen, and by the act of 1802 it 
was fi:xed at five years, and it has so remained ever 
since. 



CHAPTER XLV. 

THE SLAVE TRADE. 

1. Slavery was introduced into the American colo- 
nies soon after their first settlement. The first slaves 
are said to have been brought to Virginia, in 1619, by a 
Dutch ship. The demand for slaves, from time to time, 
was supplied by importations from the coast of Africa. 
In some of the colonies, efforts were made to put an end 
to this trade, but all such movements were discounte- 
nanced and frustrated by the English government. In 
the declaration of independence, as drawn up by Mr. 
Jefferson, it was made one of the grounds of complaint 
against the reigning sovereign of Great Britain, that he 
had prostituted his negative for suppressing every leg- 
islative attempt to prohibit or restrain that execrable 
commerce. This clause, however, was struck out, af- 
ter the declaration was reported to congress. The fur- 
ther importation of negroes was prohibited by Virginia 
in 177b, and by several of the other states about the 
same time. 

2. The constitution of the United States contains 
the following provision in respect to the slave trade: 
The migration or importation of such persons as any of 
the states now existing shall think projier to admit, shall 
not be prohibited by congress prior to the year 1808, 
but a tax or duty may be imposed on such importation, 
not exceeding ten dollars for each person. By migra- 
tion was probably intended the removal, or transfer of 
slaves from one state to another; by importation, the 
introduction of them from abroad. A tax is authorized 
to be laid on the importation, but not on the migration; 
which, if the terms be understood in the sense above 

15 



170 SLAVE TRADE. 

explained, may be accounted for on tlie ground that a 
onigration includes an exportation from a state, and by 
another clause of the constitution it is declared that no 
tax or duty shall be laid on articles exported from any 
state. 

3. It is observable that the restriction upon congress 
respected only the states then existing, leaving that body 
at liberty, at any time, to prohibit the introduction of 
slaves into any other portion of the territory of the Uni- 
ted States. This power was exercised by congress in 
1804, when, by the act for dividing Louisiana into two ter- 
ritories, and providing for the government of the south- 
ern portion, it declared that no slaves should be imported 
from abroad, and none be brought from any port or place 
within the United States, that had been imported since 
the 1st of May, 1798, or that should thereafter be im- 
ported. And as the restriction was confuied to such 
persons as any state chose to admit, congress could act, 
immediately, with the cooperation of the states. Ac- 
cordingly, it was enacted, in 1803, that no person should, 
under a prescribed penalty, import any person of color, 
with certain exceptions, into any state which should by 
law have prohibited such importation. 

4. Congress passed an act prohibiting absolutely the 
importation of slaves from abroad, to take effect at the 
earliest day permitted by the constitution. That, and 
subsequent acts on the subject, imposed certain penal- 
ties upon offenders, and subjected to forfeitiue all vessels 
employed in the trade. The act of lei's fixed the pen- 
alty for bringing into the United States any person of 
color from abroad, or holding or selling such person 
as a slave, at a sum not exceeding ten thousand nor 
less than one thousand dollars, and imprisonment for 
not more than seven, nor less than three years. By 
the act of 1820, any citizen of the United States, or 
any person whatever employed on board of their ves- 
sels, who shall land on a foreign shore and seize any 
negro or mulatto, not held to service by the laws of 
either of the United States, or shall decoy, or forcibly 
bring or detain on board, or shall sell or transfer any 



SLAVE TRADE. 171 

such person, with intent to make him a slave, is adjudg- 
ed a pirate, and is Hable to the punishment of death. 

o. At the time of aboUshing the foreign slave trade, 
in 1807, congress established certain regulations res- 
pecting the domestic trade. No master of a vessel of 
less burthen than forty tons is allowed to take on board 
and transport, except on rivers or inland bays of the 
sea within the jurisdiction of the United States, any 
negro, mulatto, or other person of color, to be sold or 
disposed of as a slave, or held to service, under a pen- 
alty of eight hundred dollars, for each person so trans- 
ported. And any master of a vessel of forty tons or. 
upwards, sailing coastwise from one port to another in the 
United States, having on board persons of color, for the 
purpose of transporting them to be sold or held as slaves, 
is required first to make out and subscribe duplicate 
manifests, or schedules, of all such persons on board, 
specifying certain enumerated particulars in regard to 
each, with the name and residence of every owner or 
shipper. 

6. The manifests are delivered to the collector of 
the port, before whom the master and the owner or 
shipper must make oath, to the best of their knowledge 
and belief, that the persons specified in the manifests 
were not imported into the United States after the 1st 
of January, 1808, and that under the laws of the state 
they are held to labor. The collector then certifies the 
manifests, one of wliich he returns to the master, with 
ii2}ermit, authorizing him to proceed on the voyage. By 
disregard of these regulations the master incurs a penal- 
ty of one thousand dollars for each person transj)orted, 
and the vessel is forfeited. On arriving at ihe port cf des- 
tination, the master must deliver the certified manifest, 
to the collector of the port, and obtain a permit for un- 
lading. If he shall refuse or neglect to deliver the man- 
ifest, as required, or shall land any person of color 
without a permit, he forfeits ten thousand dollars. Pen- 
alties under the laws respecting the slave trade go, one 
half to the United States, the other half to the prose- 
cutor. 



172 SLAVERY. 



CHAPTER XL VI. 

SLAVERY IN THE XJJMITED STATES. 

1. At the time of the revokitionary war, slavery ex- 
isted, to some extent, in all the states; but in several of 
them it was abolished soon afterwards. The ordinance, 
established by congress in July, 1787, for the govern- 
ment of the territory northwest of the river Ohio, pro- 
vided that there should be neither slavery nor involun- 
tary servitude in that territory, otherwise, than in the 
punishment of crimes, upon due conviction of the par- 
ties. In the convention which framed the constitution 

*of the United States, and which met in the same year, 
the subject of slavery was one that was attended with 
most embarrassment. The dilhculties that arose in 
relation to it, were finally adjusted by way of compro- 
mise. The constitution nowhere speaks of slavery or 
slaves, by name, but it contains, besides those relating 
to the slave trade, important provisions growing out of 
the subject, in reference to the apportionment of rep- 
resentatives in congress, and to reclaiming fugitive 
slaves. 

2. For the purpose of representation, it was agreed 
that five slaves should be reckoned equal to three free- 
men ; so that three fifths of the number of slaves are 
to be added to the whole number of free persons, in 
each state, to constitute what is called the federal 
population, which is the basis of the apportionments. 

The eiFect of this provision has been, to give to the 
slave-holding states from fifteen to twenty-five repre- 
sentatives more than they would have been entitled to,- 
had the basis been one of free persons only. At pres- 
ent, they have twenty-four representatives for their 
slave population. Those states have also a correspond- 
ing advantage in the election of president and vice 
president, since, by the constitution, each state is 



SLAVERY. 173 

allowed a number of electors equal to the whole num.- 
ber of senators and representatives to which it is enti- 
tled in congress. 

3. The provision of the constitution in regard to 
fugitive slaves is, that no person held to service in one 
state, under its laws, escaping into another, shall, in 
consequence of any law or regulation in the latter state, 
be discharged from such service, but shall be delivered 
vip on claim of the party to whom the service is due. 
To effectuate this provision, congress, in 1793, passed 
an act, extending to all the territories as well as the 
states, authorizing, in such case, the person to whom 
the service is due, his agent or attorney, to seize such 
fugitive from labor, and take him before any judge of 
the circuit or district courts of the United States, who 
resides or is within the state, or before any magistrate 
of the couuty, city, or town, in which the seizure is 
made. 

4. The judge or magistrate, before whom the per- 
son so seized is brought, upon proof, to his satisfaction, 
either by oral testimony, or affidavit taken and certified 
by a magistrate of the state or territory, that such per- 
son does, under the laws of the state or territory from 
which he lied, owe service to the person claiming him, 
is bound to give a certificate to that effect to the claim- 
ant, which is a sufficient warrant for removing the fugi- 
tive to the state or territory from which he escaped. 
Any person who shall obstruct or Iiinder such claimant 
in making the seizure, or shall rescue such fugitive, or 
harbor or conceal him after notice that he is a fugitive 
from labor, for either of these offences forfeits five hun- 
dred dollars, to be recovered for the benefit of the per- 
son claiming the slave. 

6. The constitution recognizes no distinctions found- 
ed on color. Such distinctions are, however, made by 
the laws of the United States, in several instances. 
There is no provision for the naturalization of other 
than white persons; and none but white persons can 
be enrolled in the raihtia, or be employed in carrying 
the mail. In the District of Columbia, which is under 
15* 



174 SLAVEKY. 

tlie exclusive legislation of congress, some of the laws 
bear peculiarly hard upon persons of color. The legal 
presumption is said to be, that such persons going at 
large, without any evidences of their freedom, are ab- 
sconding slaves. They may be arrested and imprison- 
ed on suspicion of being fugitives, and if unable to 
prove their freedom within a given time, or to-pay the 
jail fees and expenses allowed by law, they are liable 
to be sold as slaves. The domestic slave trade pre- 
vails to a great extent, at the seat of the national gov- 
ernment ; and the laws of the city of Washington re- 
quire the payment of four hundred dollars for a license 
to trade or trafhc in slaves for profit. 

6. In the seven most northerly of the original states, 
in Vermont, and in Maine, which was a part of Massa- 
chusetts, slavery was long since abolished by their 
state constitutions, or by law. In Ohio, Indiana, Illi- 
nois, and Michigan, and the territory of Wisconsin, it 
was prohibited by the ordinance of 1787. At the time 
the admission of Missouri into the Union was under 
discussion in congress, an effort was made to exclude 
slavery from that state. The attempt, however, failed; 
and the controversy resulted in a compromise by which, 
in all that territory ceded by France to the United 
States, under the name of Louisiana, lying north of 
thirty-six and a half degrees north latitude, not included 
within the limits of the state of Missouri, slavery and 
involuntary servitude, otherwise than in the punish- 
ment of crimes, were forever prohibited. The line in 
question is on the same parallel with the boundary line 
betwixt Virginia and North Carolina. In this case, as 
well as by the ordinance of 1787, the right of reclaim- 
ing fugitives from labor was expressly reserved. 

7. The committee appointed, in 1776, to revise the 
laws of Virginia, had agreed upon the principles of an 
amendment to the existing laws relative to slaveiy; 
the plan being, the freedom of all born after a certain 
day, and deportation at a proper age. But it was found 
the public mind would not then bear the proposition. 
Slavery now exists by law, in all the states south of 



BANKRUPTCY. 175 

Mason and Dixon's line, which ig the southern bound- 
ary of Pennsylvania, in those south of the river Ohio, 
in Missouri, Arkansas, and Louisiana, and in the Dis- 
trict of Columbia and the territory of Florida. Dela- 
ware now contains less than one third the number of 
slaves it had in 1790 ; and in Maryland, slavery, for the 
last thirty years, has been decidedly on the decline. 
In Virginia and North Carolina it has, of late, been 
nearly stationary. In the other southern states, and 
especially in several of the new ones, it has been, and 
is stiU, rapidly increasing. 



CHAPTER XL VII. 



BANKRUPTCY. 



1. The constitution vests in congress the power to 
establisli uniform laws on the subject of bankruptcies, 
throughout the United States. Bankrupt laAA^s are de- 
signed to relieve persons who have been unfortunate 
in business, by discharging them from their debts and 
engagements, on their surrendering all their property 
for the benefit of their creditors. The aim of such laws 
is at once to free the debtor from the discouragement of 
laboring always under an overwhelming burden of debt, 
and to secure to all the creditors an equal participation 
in his actual, present effects. A bankrupt law was 
passed by congress in 1800, but was repealed in 1803. 
Since that time, though the subject has been often agi- 
tated, this power has never been exercised by congress, 
until the extra session in 1841, when a law was en- 
acted, establishing a uniform system of bankru})tcy 
throughout the United States, to go into effect on the 
2d of 'February, 1 842. 

2. In the absence of all legislation on the subject by 
congress, several of the states have, heretofore, passed 
insolvent laws, — wliich, properly, are laws exempting 



176 BANKRUPTCY. 

the person from arrest, — but these state laws have fre- 
quently been so framed as to have the effect, to some 
extent, of bankrupt laws. But since the states are pro- 
hibited by the constitution from passing any Ikw im- 
pairing the obligation of contracts, no state law could 
ever discharge a person from contracts entered into 
before the passage of the law, or from those made or 
to be performed without the state ; nor could any dis- 
charge under a state law protect the insolvent from 
arrest, beyond the limits of the state, at the suit of a 
creditor without the state. Congress having the power 
to pass uniform bankrupt laws, when once such a la^v 
has been passed and goes into operation, it is under- 
stood that the diverse state insolvent laws are thereby 
suspended, in respect to persons and cases within the 
purview of the act of congress. 

3. By the act of 1841, any person owing debts, not 
created by defalcation as a public officer or while act- 
ing in a fiduciary capacity, who shall, by petition set- 
ting forth, to the best of his knowledge and belief, a 
list and specification of his creditors, with an accurate 
inventory and description of his property and effects, 
verified by oath, apply to the proper court for the bene- 
fit of the act, and declare himself unable to meet his 
debts and engagements, may be declared a bankrupt, 
by a decree of the court. In this case, the bankruptcy 
is voluntary. It may be compnhory ; in which case any 
person, being a merchant, broker or the like, owing 
debts to the amount of two thousand dollars, may be 
declared a bankrupt on the petition of one or more of 
his creditors to whom he owes debts amounting in the 
whole to five hundred dollars, whenever such person 
has committed any of certain specified acts, which are 
deemed indicative of an intention to defraud his cred- 
itors. 

4. The petition is deposited, or Jiled, in the district 
court of the district in which the debtor resides, and no- 
tice of it is published in one or more newspapers in the 
district, at least twenty days before the time assigned 
for the hearing. At the proper time, if no valid objec- 



BANKRUPTCY. 177 

tion is oflered, the petitioner is declared a bankrupt. 
By the decree of bankrn])tcy, the property of the debtor 
is, by mere operation of law, devested out of him, and 
vested in the assignee, when one is appointed. The 
bankrupt is allowed his necessary household and kitch- 
en furniture, and such other articles and necessaries as 
the assignee shall designate and set apart, having refer- 
ence, in the amount, to the family, condition and cir- 
cumstances of the bankrupt, but altogether not to 
exceed three hundred dollars in any case ; and also the 
wearing apparel of the bankrupt, and that of his wife 
and children : and the determination of the assignee 
is, on exception taken, subject to the final decision of 
the court. 

5. The assigtiee is appointed by the court, soon 
after the decree of bankruptcy. He may be required 
to give bond, with sureties, conditioned for the due and 
faithful discharge of all his duties ; and he is remova- 
ble at the discretion of the court. He is authorized to 
sell, manage and dispose of the bankrupt's effects, and 
to prosecute and defend suits, subject to the orders and 
directions of the court. All sales and conveyances of 
property are made under the direction of the court ; 
and all proceeds of the estate, received by the assignee 
in money, must be paid into court within sixty days. 
It is the duty of the court to direct the effects to be re- 
duced to money as early as is consistent with a due 
regard to the interests of the creditors ; and as often as 
once in six months from the decree of bankruptcy, a 
dividend out of the money collected, is to be made 
among the creditors who have proved their debts. 

6. After the decree of bankruptcy, the bankrupt 
may present to the court a petition for a discharge from 
all his debts, and a certificate of it ; which, however, 
cannot be granted until after ninety days from the de- 
cree of bankruptcy, nor until after seventy days' notice, 
in some public newspai)er, of the petition, and of the 
time and place of hearing. The bankrupt is at all 
times subject to examination, upon oath, on all matters 
relating to liis bankiuptcy, to liis acts and doings, and 



178 BANKRUPTCY. 

to his property, when the court shall deem it necessary 
and proper, for the purposes of justice. If, upon the 
hearing for that purpose, a discharge shall not be de- 
creed to the bankrupt, he may demand a trial by jury, 
in the district court, or may appeal to the circuit court, 
where the appeal may be determined by the court, or 
by a jury, at the option of the bankrupt. 

7. The bankrupt is not entitled to a discharge if he 
has been guilty of any fraud, or \vilful concealment of 
his property ; or has preferred any of his creditors con- 
trary to the provisions of the act ; or has wilfully omit- 
ted or refused to comply with the orders of the court 
and the requisites of the act; or has admitted a false 
or fictitious debt against his estate. Neither is he, if 
being a merchant, broker or the like, he has not kept 
proper books of account since the passing of the act ; 
nor is any person who, since the passing of the act, 
has applied trust funds to his own use. Payments or 
conveyances made by a person, in contemplation of 
bankruptcy, for the purpose of giving any creditor a 
priority over others, or to any person other than an 
actual creditor, or a purchaser for a valuable considera- 
tion, without notice of the contemplated bankruptcy, 
are void ; and the assignee under the bankruptcy may 
recover back such money or property. 

8. Co7nmissioners in bankruptcy are appointed by 
the court, to receive the proof of debts, to examine 
and certify papers and take depositions, and to perform 
various other duties. Proof of debts or other claims is 
made by the oath of the creditor, and may be before 
the court decreeing the bankruptcy, or a commissioner 
of the court, or before any disinterested state judge of 
the state where the creditor lives. The written proofs 
are filed in the district court, which has full power to 
set aside or disallow any debt, upon evidence that it is 
founded in fraud, illegality or mistake ; and as well the 
assignee as the creditor may have a trial by jury, to 
ascertain the validity and amount of any claim. Where 
there are mutual accounts between the parties, the bal- 
ance is deemed the true debt. 



NAVIGATION. 179 

9. All creditors who have proved their claims, share 
equally in the bankrupt's effects; except that debts 
due by the bankrupt to the United States, or to per- 
sons who, by the laws of the United States, are enti- 
tled to a preference, by reason of having paid money 
as his sureties, are to be first paid; and any person 
who has performed labor as an operative in the service 
of the bankrupt, within six months next before his 
bankruptcy, receives the full amount of his wages, not 
exceeding twenty-five dollars. The bankrupt, when 
he has obtained a regular discharge, is absolved from 
all debts and contracts provable under the act, whether 
they have been actually proved or not. But no dis- 
charge of a bankrupt releases any person who was 
liable for the same debt, as a partner, joint contractor, 
or otherwise, with the bankrupt. Neither does the act 
impair any lawful rights of married women or minors, 
or any mortgages or other valid securities on property. 



CHAPTER XL VIII. 

NAVIGATION. 



1. Vessels of the United States have certain priv- 
ileges in regard to duties on their tonnage, and on 
goods imported in them. Vessels registered according 
to law, and wholly owned and commanded by citizens 
of the United States, are alone entitled to the privi- 
leges of vessels of the United States ; except that ves- 
sels of twenty tons and upwards, enrolled and having 
a license in force, and those of less than twenty tons, 
not enrolled, but having a license in force, enjoy the 
privileges of vessels of the United States, employed in 
the coasting trade and fisheries. To entitle vessels to 
be registered, or enrolled and licensed, they must, with 
certain exceptions, have been built in this country, and 
thev must belong wholly to citizens of the United 
States. 



180 NAVIGATION. 

2. Vessels are registered by the collector of the dis- 
trict ill which the port is where they belong, at the 
time they are registered. Previous to the registry of a 
vessel, the necessary facts relative to its character, and 
the citizenship of the owners and master, must be es- 
tablished in the mode designated. The vessel is then 
measured, and its tonnage ascertained ; and a bond is 
required, conditioned that the certificate of registry 
shall be used solely for that vessel, and that, upon the 
happening of certain contingencies, it shall be delivered 
up to the collector. When all the conditions have been 
complied with, the collector makes, and keeps in a 
book, a record of the transaction and proofs, and grants 
an abstract or certificate of this record. 

3. The like requisites are necessaiy for the enrol- 
ment, B,s for the registry of a vessel, and the same pro- 
ceedings are had. A record of the enrolment is made, 
and an abstract or copy of it granted, in the form di- 
rected by law. In order to the licensing of any vessel 
for carrying on the coasting trade or fisheries, certain 
prescribed securities are required that the vessel shall 
not be employed in any trade to defraud the revenue of 
the United States, or the license be used for any other 
vessel or employment than that for which it was grant- 
ed. Every registered or licensed vessel is required to 
have its name and the port to which it belongs painted 
on the stern, on a black ground, in white letters, of a 
specified size. 

4. No vessel arriving in the United States from any 
foreign port, or the cargo on board, can be entered else- 
where than at one of the authorized ports of entry ; 
and the cargo can be unladen only at one of the ports 
of delivery. No goods can be brought into the United 
States in any vessel owned wholly or in part in this 
country, unless the master shall have on board a mani- 
fest, in writing, signed by himself, specifying the places 
where the goods mentioned in it were taken on board, 
and the places for which they are consigned; the des- 
cription of the vessel, and the name of each owaier, ac- 
cording to the register, and of the master ; and contain- 



NAVIGATION. 181 

ing a particular account of all the goods on board, the 
names of the persons to whom they are consigned, as 
by the bills of lading, the names of the passengers, with 
their baggage, and an account of the remaining sea 
stores. 

5. Every master of such a vessel, on his arrival 
within four leagues of the coast, or within any of its 
bavs, harbors, or inlets, is bound, upon demand, to pro- 
duce the rerpiired manifests to such officer of the cus- 
toms as shall first come on board for inspection, and to 
deliver him true copies of them. The officer having 
duly certified tlie original manifests, and the copies, 
transmits the latter to the collectors of the several dis- 
tricts to which the goods purport to be consigned. And 
upon his arrival within the limits of any collection dis- 
trict, in which any part of the cargo is to be discharged, 
the master is required, in like manner, to exhibit his 
manifests, and to furnish copies to the officer of the 
customs who shall then first come on board, who certi- 
fies the original manifests, and transmits the copies to 
the collector of that district. The original manifests, 
thus certified, are afterwards delivered to the collector, 
by the master. 

6. Within twenty-four hours after the arrival of a 
vessel from any foreign place, at any established port 
of the United States at which an officer of the customs 
resides, or as soon after that time as the hoxu's of busi- 
ness at the custom house will permit, it is the duty of 
the master to make a-eport to the chief officer of the 
customs, of the arrival of his vessel ; and within forty- 
eight hours after, to make a further report in writing to 
the collector of the district. This latter report is to be 
in the form and to contain all the particulars required 
to be inserted in a manifest, anrl the truth of it must be 
sworn to by the master, before the collector. 

7. Any vessel bringing into the United States from 
any foreign place, goods specified in the manifests to 
be for different collection districts, may proceed from 
district to district for the deliveiy of them. The mas- 
ter, in such case, must obtain from the collector of the 

16 



182 NAVIGATION. 

district within which he first arrives, a certified copy of 
tlie report and manifests, and also from him and from 
each successive collector, a certificate of the quantity 
and particulars of the goods that have been landed in 
his district ;. which copy and certificates he is bound to 
produce to the collector of any other district, on making 
report and entiy. And he is required to give bond in 
the district where he first arrives, conditioned for the 
due" entry and delivery of the residue of the goods con- 
formably to his report of their destination. 

8. In the case of a foreign vessel, the register, or 
corresponding document, together with the clearance 
and other papers granted by the officers of the customs 
to the vessel, at her departure from the port from which 
she may have arrived, must, in general, previously to 
entry in any port of the United States, be produced to 
the collector of the port where the entry is to be made. 
And the master is required, within forty- eight hours 
after the entry, to deposit these papers with the consul 
of the nation to Avhich the vessel belongs, and to deliv- 
er to the collector a certificate from the consul, that 
they have been so deposited. The papers in question 
the consul is forbidden to return to the master, until he 
shall produce a clearance, in due form, from the collec- 
tor of the port where the vessel was entered. 

9. Before clearance can be granted for any vessel 
bound to a foreign place, the owner, shippers, or con- 
signors of the cargo are obliged to deliver to the col- 
lector, on oath, a manifest, in writing, subscribed by 
them respectively, specifying the kinds and quantities 
of articles, and the actual total value of each kind, at 
the port and time of exportation ; and the master and 
shippers must state, upon oath, to the collector, the 
foreign place at which the cargo is intended to be land- 
ed. Every vessel of the United States going on a for- 
eign voyage, is required to be furnished by the collector 
of the district where the vessel is, with 2r2oassport, the 
form of which is prescribed by the secretary of state, 
with the approbation of the president. The master 
must give bond with sureties, conditioned that the 



SHIPMENT OF GOODS. 183 

passport shall not be used for any other vessel, and 
that, m case of the loss or sale of the vessel, the pass- 
port shall be returned to the collector. 



CHAPTER XLIX. 

THE SHIPMENT AND LANDING OF GOODS. 

1. When goods are received on board of a vessel 
they are in the keeping of the master, who is responsible 
forthem. The first mate of the vessel has however, 
usually, in fact, the principal superintendence of the car- 
go. Sometimes a supercargo is specially employed by 
the owner of the cargo, and sent out to take charge of 
it on the voyage, to sell it at the foreign port, and pur- 
chase a return cargo. But goods are more commonly 
shipped on consignment to some person who has ordered 
them, or Avho is to sell or dispose of them as directed. 
In such cases the person who sends the goods is called 
the consignor, or shipper, the person to whom they are 
directed at the foreign port, the consignee. The con- 
signor makes and sends to the consignee an invoice of 
the goods, and also causes three or four bills of lading 
to be made out. 

2. x4n invoice is an account, or schedule of the goods 
shipped, with the marks and descriptions of each pack- 
age particularly set forth. A bill of lading is a paper 
signed by the master of the vessel, whereby he ac- 
knowledges that he has received in good order, on 
board of his vessel, stating the place of shipment, and 
the names of the shipper, vessel, and master, certain 
specified goods, which he promises to deliver, in like 
good order, dangers of the seas excepted, at the place 
and to the person therein named, or his assigns, he or 
they paying a stated freight. Of these bills of lading, 
one at least is sent to the consignee, one is retained 
by the master, and one by the sliipper. One of the 



184 DUTIES ^ND DRAWBACKS. 

bills being presented by the consignee, or the person to 
whom he may have assigned it, is authority to the 
master to deliver the goods, "vvhich he is bound to do on 
payment of the freight. 

3. On a considerable part of the goods imported 
into the United States, certain duties are imposed. 
Formerly, when the amount of duties on merchandise 
imported in any vessel, on account of one person, or of 
several persons jointly interested, did not exceed two 
hundred dollars, it was required to be paid in cash, 
without discount; if it exceeded that sum, it might, at 
the option of the importer, except in the case of cer- 
tain goods, be paid in cash, with a discount, or be, by 
bond, secured to be paid, one half in three, and one 
half in six calendar months. But of late all duties 
are required to be paid in cash; and in case the duties 
are not paid on completion of the entry, the collector 
is to cause the goods to be deposited in the public stores, 
and after a certain time, if the duties remain unpaid, 
such part of the goods is sold as may be necessary to 
discharge the duties, with interest, and pay the charges 
and expenses. 

4. Certain goods imported into the United States 
may be exported with the benefit of drawback, or a re- 
payment of duties. For all goods entitled to drawback, 
which .shall be exported from the district into which 
they were originally imported, or from another district, 
under specified regulations, the exporter, on complying 
with the required conditions, may receive from the col- 
lector of the district in which the duties have been 
paid, a debenture for the amount of the drawback. The 
debenture is made payable in fifteen days, or at any 
time thereafter when the goods shall be exported from 
the United States. But no drawback is allowed unless 
they shall be exported within three years from the date 
of their importation. Two and a half per cent, on the 
amount of all drawbacks allowed, and ten per cent, in the 
case of foreign refined sugars, are to be retained for the 
use of the United States, by the collectors paying the 
drawbacks. 



ENTRY OF GOODS. 185 

5. The owner or consignee of goods on board of 
any vessel, or his authorized agent, in his name, is re- 
quired, ^\'it]lin fifteen days after the report of the mas- 
ter of the vessel to the collector of the district for wliich 
such goods are destined, to make entry of them, in wri- 
ting, with the collector, specifying certain enumerated 
particulars, relative to the quantity, value and descrip- 
tion of the goods. He must also produce to the collec- 
tor the original invoices of the goods, in the same 
state in which they were received, and the hills of la- 
ding. The entry of goods must be signed by the per- 
son who makes it, and verified by his oath. In case 
the entry is imperfect, or cannot be made, for want of 
invoices, or bills of lading, or for any other cause, the 
goods are deposited in a public storehouse, there to re- 
main, at the expense and risk of the owner, until the 
requisite particulars can be ascertained, or the proper 
documents produced. 

6. Duties are either ad valorein or specific ; the for- 
mer being estimated according to the value, the latter 
according to the qiiantity of the articles. For the pur- 
pose of obtaining accurate statements of the foreign 
commerce of the United States, the collectors are 
required to keep separate accounts of the kinds, quan- 
tities and values of such parts of the imports subject to 
duties ad valorem, as may be directed by the secretary 
of the treasury. The kinds and quantities of all 
imported articles free from duty, are ascertained by the 
entry, or by actual examination when deemed neces- 
sary ; and the values of all such articles, as well as of 
all imported articles subject to specific duties, are 
required to be ascertained in the manner in which 
the values of imports subject to duties ad valorem are 
ascertained. 

7. The act of 1842 provides, that in all cases where 
there is imposed any ad valorem, rate of duty on goods 
imported into the United States, and in all cases where 
the duty imposed is directed to be estimated upon the 
value of the square yard, or of any specified quantity 
or parcel of the goods, the collector of the district shall 

16* 



186 LANDING OF GOODS. 

cause the actual market value or wholesale price of 
them, at the time when purchased, in the principal 
markets of the country from Avhich they were imported 
into the United States, or of the yards or quantities, as 
the case may be, to be appraised, estimated and ascer- 
tained. To the value or price so ascertained, all costs 
and charges are to be added, except insurance, and in- 
cluding the usual charges for commissions, as the true 
value at tlae port where the goods may be entered, 
upon which value duties are to be assessed. 

8. The appraisers of the United States, and every 
person acting as appraiser, or the collector and naval 
officer, as the case may be, are required, by all reason- 
able ways and means in their power, to ascertain the 
actual market value and wholesale price of the goods, 
at the time when purchased, and in the principal mar- 
kets of the country whence they were imported into 
the United States, and the quantities of them. But 
when imported from a country in which they were not 
manufactured or produced, the foreign value of the 
goods is to be estimated according to the current mar- 
ket value of similar articles at the principal markets of 
the countiy of production or manufacture, at the time 
of the exportation to the United States. The secretary 
of the treasury is required from time to time to estab- 
lish rules and regulations, not inconsistent with law, to 
secure a just, faithful and impartial appraisal, and just 
and proper entries of goods imported. 

9. Upon the entry of goods, it is the duty of the col- 
lector, jointly with the naval officer, if there is one, 
otherwise of the collector alone, to make a gross esti- 
mate, as accurate as may be, of the duties, when not 
estimated and ascertained by appraisers, on the goods 
to which the entry of any owner, consignee or agent 
relates. The amount of the estimated duties is to be 
indorsed on the entry, and when this amount has been 
paid, and not before, the collector, with the naval offi- 
cer, if any, grants a j!?er?mY to land the goods. This 
permit must specify, as particularly as possible, the 
goods to be delivered ; and no goods can be delivered 



LANDIKG OF GOODS. 187 

by any officer of the customs, which do not fully agree 
with the description of them in the permit. 

10. The cargo is discharged under the superinten- 
dence of an inspector of the customs, who is required to 
remain constantly on board, for that purpose, at all 
times when the delivery of goods is lawful. No goods 
may be unladen but between the rising and setting of 
the sun, except by special license, nor at any time, 
without the proper permit. If at the expiration of fif- 
teen working days after the report of arrival, except in 
certain cases where a longer time is allowed, any goods 
other than those reported for another district or foreign 
place, remain on board, the inspector takes possession 
of them. Such goods are kept in the public store- 
houses, at the charge and risk of the owner, for nine 
months, if not sooner claimed, and are then sold at 
pubhc auction, and the proceeds, after paying the du- 
ties and charges, are paid into the treasury of the 
United States, for the owner, when he shall appear. 

11. Violations of the provisions respecting the im- 
portation of goods, are punished sometimes by a fine 
upon the party offending ; sometimes the goods, in re- 
ference to which the offence was committed, are for- 
feited. Of such fines, penalties, and forfeitures, in 
general, after deducting costs and charges, one half is 
paid into the national treasury, and the other half dis- 
tributed, in equal proportions, to the collector and naval 
officer of the district, and the surveyor of the port 
where the penalty or forfeiture was incurred, or to such 
of those officers as there may be in the district. The 
act of 1&42 provides, that any person who shall, with 
intent to defraud the revenue, smuggle into the United 
States, goods subject to duty, without paying or ac- 
counting for the duty, or shall attempt to pass through 
the custom house any false or fraudulent invoice, shall, 
on conviction, be fined not more than five thousand 
dollars, or imprisoned not exceeding two years, or both, 
at the discretion of the coiut. 



188 OFFICERS OF THE REVENUE. 

CHAPTER L. 

OFFICERS OF THE REVENUE. 

1. For the collection of duties, the United States 
are divided into collection districts, of which there is 
one at least in each state, except several of the inland 
western states, and some of the states contain as many 
as twelve districts. The principal officers of the reve- 
nue are the collectors, naval officers, and surveyors, who 
are appointed by the president, with the approval of 
the senate, for the term of four years, but are remov- 
able at the pleasure of the president. The principal 
commercial districts have a collector, naval officer, and 
surveyor ; some of the others, a collector and surveyor, 
but most of them, only a collector. There are also two 
appraisers in the several ports of Boston, Philadelphia, 
Baltimore, Savannah, Charleston, and New Orleans, 
and three in New York, appointed by the president 
and senate ; and the secretary of the treasury is em- 
powered to appoint assistant ajjpraisers in New York, 
Philadelphia, and Boston. 

2. It is the duty of the collector to receive all reports, 
manifests and documents presented on the entry of any 
vessel ; to record all manifests in books kept for the 
purpose ; to receive the entries of all vessels and their 
cargoes ; to estimate, jointly with the naval officer, if 
any, the amount of duties payable on -goods entered; 
to grant permits for the unlading and delivery of goods ; 
to receive moneys paid for duties ; and to perform 
other offices. The collectors are required, with the 
approbation of the secretary of the treasury, to em- 
ploy proper persons as weighers, gangers, measurers 
and inspectors, at the several ports within their dis- 
tricts and to provide, at the public expense, storehouses 
for the safe keeping of goods ; and they may, with the 
like approbation, employ all necessary deputy collec- 
tors. 



OFFICERS OF THE REVENUE. 189 

3. It is the business of the naval officer to receive 
copies of all manifests and entries; together with the 
collector, to estimate the duties on all goods subject to 
duty, and to keep a separate record of them ; to coun- 
tersign all permits, clearances, debentures, and other 
documents, granted by the collector; and to examine 
the collector's abstracts of duties and other accounts of 
receipts and expenditures, and if found correct, to cer- 
tify them. At ports where there is no naval officer, the 
colleclor is authorized solely to execute all the duties 
in which, at ports where a naval officer is appointed, 
the coojieration of that otficer is required. 

4. The surveyor is required to superintend and di- 
rect all inspectors, weighers, measurers, and gangers, 
within his port. It is his duty also to visit and inspect 
the vessels wliich arrive at the port ; to make a written 
return every morning to the collector, of all vessels 
from foreign places that have arrived during the pre- 
cedin.g day, with a specification of sundry particulars 
in regard to them ; and to put one or more inspectors 
on board each of such vessels immediately on its arri- 
val. He is required, from time to time, and particularly 
twice in each year, to examine and try the weights, 
measures, and other instruments used in ascertaining 
the duties on imports ; and to perform various other 
acts, subject always to the direction of the collector. 
At ports where there is no naval officer or surveyor, 
the collector executes, so far as may be, all the duties 
appropriate to the three offices. 

5. Collectors are entitled to certain fees, and a 
specified rate, varying from one sixth of one to three 
per cent, on all duties received by them, respectively, 
and where the amount of duties is not large, some ad- 
ditional compensation in the form of salary. Naval 
officers and surv^eyors are paid by fees, Avith the addi- 
tion, usually, of a small annual salary. Every collector, 
naval officer and surveyor is required to render to the 
secretary of the treasury, under oath, a quarterly ac- 
count of aU moneys received ; and whenever tlie aggre- 
gate amount of receipts, including all commissions, 



190 OFFICERS OF THE REVENUE. 

fees, emoluments and salaries, shall exceed sis thou- 
sand dollars for a collector, or five thousand for a naval 
ofiicer, or four thousand five hundred for a surveyor, in 
any one year, after deducting the necessary expenses 
of his office for the same time, the excess is to be paid 
into the public treasury. Inspectors receive three dol- 
lars a day for the time they are employed; measurers, 
weighers and gaugers are paid in proportion to the labor 
they perform. 

6. The appraisers of the United States are required, 
before entering upon the duties of their office, to make 
oath diligently and faithfully to examine and inspect 
such goods as the collector may direct, and truly to re- 
jDort, to the best of then knowledge and belief, the true 
value of them, according to law. "When an importer, 
owner, consignee or agent is dissatisfied with the ap- 
praisement, if he has complied with all the established 
requisitions7 he may give notice of his dissatisfaction 
to the collector, who is then required to select two dis- 
creet and experienced merchants, citizens of the United 
States, fajmiliar with the character and value of the 
goods in question, to examine and appraise them ; and if 
they shall disagree, the collector is to decide between 
them; aud the appraisement so made is final. Each of 
the regular appraisers receives an annual salary of fif- 
teen hundred dollars ; those at New York, two thousand 
doUars. IMerchants acting as appraisers, have five dol- 
lars a day. 

7. The better to secure the collection of duties, 
the president is authorized to employ a number ofo-eve- 
nue cutters, the ofiicers of which are deemed officers of 
the customs, and are subject to the direction of the 
principal reveniie officers. The collectors may also 
with the approbation of the secretary of the treasury, 
employ as many small, open, row or sail boats, as may 
be necessaiy for the use of the surveyors and inspec- 
tors, in going on board of vessels, and otherwise for the 
better detection of frauds. The cutters and boats used 
in the revenue service are to be distinguished from 
other vessels by an ensign and pennant, bearing certain 



REVENUE. 191 

prescribed marks. Aiid any vessel liable to examina- 
tion, which shall refuse to bring to, when required by a 
revenue cutter or boat having the proper pennant and 
ensign displayed, may lawfully be Jii-ed into, after a 
gun has been fired as a signal. 

8. All collectors, naval officers, surveyors, inspec- 
tors, and officers of revenue cutters, may go on board of 
vessels, in any port of the United States, or within 
four leagues of the coast, if bound for the United 
States, for the purpose of demanding and certifying the 
manifests that are required to be on board, and of ex- 
amining and searching the vessels, to every part of 
which they are entitled to free access. The collector 
of any district, or the surveyor of any port at which a 
vessel may arrive, may put and keep on board while 
the vessel remains within the district, and the collector 
also while it is going from one district to another, one 
or more inspectors, to examine the contents of the ves- 
sel, to superintend the deliveiy of the cargo, and to 
perform other required acts, for better securing the col- 
lection of the duties. 



CHAPTER LI. 

REVENUE OF THE UNITED STATES. 

1. The reveniTC furnishing the means for carrying 
on the government, is derived, at present, almost wholly 
from customs, or duties on imports, and from sales 
of the public lands. These have always been the ordi- 
nary and principal sources of the public revenue. But, 
in certain cases, when the necessities of the govern- 
ment have demanded it, as in times of threatened or 
actual war, and the like, internal duties have been im- 
posed upon certain articles, and direct taxes laid. To 
meet existing exigencies, resort has frequently been 
had to the issuing of treasury notes, and to loans. The 



192 REVENUE. 

debts and liabilities thus incurred, have been subse- 
quently discharged with money derived from the ordi- 
nary sources of revenue, and from internal and direct 
taxes. 

2. In the administration of Washington, duties were 
laid on spirits distilled within the United States, and 
on stills ; on licenses for retailing wine and foreign 
spirits ; on sales at auction ; and on carriages, and some 
other articles. To these was added, in the administra- 
tion of John Adams, a duty on stamped vellum, parch- 
ment and paper. All these duties were repealed soon 
after the accession of Mr. Jefferson to the presidency. 
During the war of 1812, similar daties, and upon a 
much greater number of articles, were again imposed, 
which were abolished from the close of the year 1817, 
or earlier. Direct taxes, when imposed, have been as- 
sessed upon dwelling houses, lands and slaves. A tax 
of this kind, of two millions of dollars, was laid in 1798. 
In 1813 there was another of three millions of dollars. 
In 1815 an act was passed laying an annual tax of six 
millions of dollars ; but the act was repealed the next 
year, and a tax of half the amount was imposed for that 
year only. 

3. The terms and manner of issuing treasury notes 
have been regulated, in each case, by the particular act 
of congress authorizing the emission of them. Those 
that have been issued recently, are signed, on behalf 
of the United States, by the treasurer, and counter- 
signed by the register of the treasury, and are made 
redeemable at the treasury of the United States after 
the expiration of one year from their dates ; from. Avhich 
dates, for the term of one year only, they bear such in- 
terest as is expressed upon the face of the notes. For 
their reimbursement at the time specified, the faith of 
the United States is pledged. These notes are trans- 
ferable by delivery and indorsement. They are used 
for paying the pulolic debts, or money is borrowed on 
the credit of them. They are receivable in payment 
of public lands sold, of duties and taxes laid by the 
XJnited States, and of debts due to them. 



REVENUK. 193 

4. When loa^is have been made, the secretary of the 
treasiiiy has been authorized to cause to be prepared 
certificates of stock, signed in the manner prescribed, 
and to procure them to be sold. The certificates bear 
interest, for the punctual payment of which, and re- 
demption of the stock, the faith of the United States is 
pledged. In July, 1841, congress authorized the bor- 
rowing of a sum not exceeding twelve millions of dol- 
lars, within one year from that time. The stock not 
being readily taken, an act was passed in April, 1842, 
extending the time for obtaining the loan for one year 
from the passage of the act, and authorizing an addition 
of five millions of dollars to the amount. It was provi- 
ded, that so much of the loan as should be obtained 
after the passage of the act in question, should be re- 
imbursable as agreed upon at the time of issuing the 
stock, either at the Avill of the secretary of the treasuiy, 
after six months' notice, or at any time not exceeding 
twenty years from the 1st of January then next. 

5. The proceeds of sales of the imhlic lands have 
constituted an important item of the revenue of the 
United States. The whole amount received into the 
national treasury from this source, from the earliest 
period of sales to the year 1842, exceeded one hundred 
millions of dollars. In 1833, a bill to appropriate the 
proceeds of the public lands among the states, for the 
term of five years, passed both houses of congress, but 
it was retained by the president, at the close of the 
session, and did not become a law. The receipts from 
the public lands during the two years 1835 and 1836, 
amounted to nearly forty millions of dollars ; thus pro- 
ducing a large surplus of money in the treasury, for 
which, as the public debt was then all paid, the govern- 
ment had no immediate use. 

6. In 1836 it was enacted by congress, that the 
money which should be in the treasury on the 1st of 
January, 1837, reserving five millions of dollars, should 
be deposited, in proportion to their respective represen- 
tation in the senate and house of representatives, with 
the several states which should authorize the reception 

17 



194 REVENUE, 

of it in the mode prescribed. The faith of the state 
was to be pledged for the safe keeping and payment of 
the money, which, when wanted, was to be called for in 
ratable proportions from the different states, and in sums 
not exceeding ten thousand dollars from any state, in a 
month, without thirty days' previous notice for every 
additional sum of twenty thousand dollars. The de- 
posits were to be made in four quarterly instalments. 
The first three instalments, amounting to upwards of 
twenty-eight millions of dollars, were deposited ; but 
owing to an impending or actual deficiency in the treas- 
ury, the transfer of the fourth instalment was post- 
poned, and has never been made. 

7. At the extra session of congress, in 1841, an act 
was passed providing for the distribution of the net 
proceeds of the public lands, after paying ten per cent. 
to the several states in which the lands sold were situ- 
ated, among the several states and territories, and the 
District of Columbia, in proportion to their respective 
federal population. There was ingrafted upon this act 
a proviso, that the distribution should be suspended 
whenever the rate of duties on any imports should be 
raised above twenty per cent. As the tarifi" has since 
been remodelled, and duties imposed on some articles 
exceeding twenty per cent., the act is rendered wholly 
nugatory. A bill was passed by congress, in 1842, to 
repeal the proviso in question, but it failed of becoming 
a law, having been retained by the president, at the 
close of the session. 

8. By far the greatest part of the revenue of the 
United States is, and always has been, derived from 
customs. Ever since the government went into opera- 
tion under the constitution, duties have been levied 
upon imports, for the purpose of defraying the expenses 
of government, paying the public debts, and the like. 
Changes have been made, from time to time, in regard 
to the rates of duties, and the articles on which they 
have been imposed, according to the ends that were 
designed to be answered. The leading object, in the 
imposition of these duties, has always been, the raising 



TARIFF. 195 

of revenue to meet the wants of the government. A 
secondary, but very important object, at least for the 
last twenty-five years, has been, to protect and encour- 
age domestic industry and manufactures ; and the sev- 
eral tariffs that have been adopted within the period 
named, have been constructed with reference to this 
object. 

9. A tariff of duties was settled in 1816. The sys- 
tem was revised and rearranged in 1824, and again in 
1828 ; and, at each of these times, the duties were 
somewhat increased. In 1832, the whole scheme was 
adjusted anew. The public debt being then nearly ex- 
tinguished, the duties were considerably reduced, and a 
much larger proportion of the importations than before, 
to the amount of about one half, was made free. Ow- 
ing to the disaffection which prevailed in the southern 
states, and particularly in South Carolina, towards this 
tariff, on account of its protective character, an act was 
passed at the next session of congress, in 1833, which 
was designed to settle differences by way of mutual 
concession, and which has commonly been known as 
the compromise act. 

10. By this act it was provided, that after the 31st 
of December, 1833, iir all cases where, by any act of 
conjrress, duties were imposed on foreign imports, ex- 
ceeding twenty per cent, on the value of them, one 
tenth part of such excess should be deducted ; that 
another tenth part should be deducted after the 31st of 
December of every second year thereafter, until the 
year 1841, when one half the residue of such excess 
should be deducted, and the remaining half after the 
30th of June, 1842. The act further declared, that after 
the same 30th of June, all duties on imports should 
be collected in ready money ; that duties should be 
laid for the purpose of raising such revenue as might be 
necessary to an economical administration of the gov- 
ernment ; and that the duties upon goods should be 
assessed upon the value of them at the port where en- 
tered, under such regulations as might be prescribed by 



196 EXPENDITURES. 

law. The time specified, expired without any regula- 
tions having been prescribed. 

11. Subsequently, an act was passed, which was 
approved on the 30th of August, 1842, by which the 
whole system of duties was revised and readjusted, 
and a new tariff established. The duties imposed- by 
this act are partly ad valorem and partly specific. The 
ad valorem duties range from one to fifty per cent. 
There is a list of articles, but considerably less numer- 
ous than under the act of 1832, which are exempt from 
duty. This act provides, as has usually been the case, 
that, where there is no special regulation, an addition 
of ten per cent, shall be made to the established rates 
of duties, in respect to goods imported in vessels not of 
the United States ; and a further addition of ten per 
cent, on those imported from places east of the Cape of 
Good Hope, in foreign vessels ; unless such goods be 
entitled, by treaty or act of congress, to be entered upon 
the payment of the same duties which are imposed on 
goods imported in vessels of the United States. 

12. The expendiUtres of the United States, exclusive 
of the payment of the public debt, and the redemption 
of treasury notes, are commonly classed under three 
general heads. The fhst of these comprises the civil 
list, foreign intercourse, and miscellaneous ; the second, 
the military service, including fortifications, Indian af- 
fairs, pensions, arming the militia, internal improve- 
ments, and building armories and arsenals ; the third, 
the naval service, including the gradual improvement 
of the navy. The funds of the post office department 
pass through the treasury of the United States, but the 
accounts of that department are kept distinct and sepa- 
rate from the others. There are also certain trust funds, 
such as money received from foreign nations, for indem- 
nities, or in compensation for spoliations and injuries 
done to the property of citizens of the United States, 
which are paid into the national treasury and disbursed 
from it. 



197 



CHAPTER LII 

THE MINT, AND MONEY. 

1. The power to coin money and regulate the val- 
ue of it and of foreign coin, is vested in congress, by 
the constitution ; and by the same instrument the 
states are prohibited from coining money or making 
anything but gold and silver coin a tender in payment 
of debts. A mint, for the purpose of a national coin- 
age, was established at Philadelphia, and went into op- 
eration in 1793. Recently, branches have been estab- 
lished, one at New Orleans, for coining gold and silver ; 
and one at Charlotte, in North Carolina, and another at 
Dahlonega, in Georgia, both exclusively for the coin- 
age of gold. These branches all commenced opera- 
tions in 1838. The avowed object of their establish- 
ment was, to increase the metallic currency of the 
country. But there has been little occasion for them. 

2. The mint at Philadelphia, in each of the years 1 834 
and 1836, coined upwards of seven millions of dollars ; 
and it is stated by the director to be capable of a 
coinage of twelve millions a year. Since the establish- 
ment of the branches, the entire coinage of the mint 
and branches, in one year, a little exceeded four millions 
of dollars; in every other year, it has fallen short of 
that sum. The whole expense attending the three 
branch mints, to the end of the year 1841, exceeded 
eight hundred thousand dollars. The total amount 
of coinage at them all, to the same time, was a little 
less than three millions of dollars ; which, as estimated 
by the director, might have been coined at the prin- 
cipal mint at an additional expense to that establish- 
ment of about four thousand dollars. 

3. The princi}ial officers of the mint at Philadelphia 
are, a director, Avho has the control and regulation of the 
mint and its branches ; a treasvrer, who keeps the ac- 
counts of the mint, and pays all moneys due by it, on 

17* 



198 COINAGE. 

warrants from the director, and on like warrants deliv- 
ers to the proper persons all coins struck at the mint; 
an assayer, whose duty it is carefully to assay, or try all 
metals used in coinage, when required, and also to make 
assays of coins ; a nielter and refiner, who executes all 
the operations necessary in order to form ingots of 
standard silver or gold; a chief coiner, who executes all 
the operations required in order to form coins from the 
standard silver and gold ingots, and copper planchets ; 
and an engraver, who prepares and engraves, with the 
legal devices and inscriptions, all the dies used in the 
coinage. These officers, as well as the principal offi- 
cers of the branch mints, are appointed by the presi- 
dent with the approval of the senate. 

4. The present standard for gold and silver coins of 
the United States is such, that of ten parts by weight, 
nine are of pure metal and one of alloy. The alloy 
of the silver coins is of copper, that of the gold coins, 
of copper and silver, the silver not to exceed one half 
of the whole alloy. All the gold coins of the United 
States, consisting of the eagle, half eagle, and quarter 
eagle ; and the silver coins, consisting of the dollar, half 
dollar, quarter dollar, dime and half dime, are legal 
tenders of payment, according to their nominal value, 
respectively. Cents and half cents pass current as 
money, and no other copper pieces may be paid, or 
offered to be paid, or received in payment, under a 
penalty of ten dollars. 

5. All coins are required to be of a specified weight, 
and to be stamped with the prescribed devices and 
legends. To secure due conformity in the gold and 
silver coins to their respective standard fineness and 
weight, an annual trial is made of a certain number of 
pieces of each variety, before commissioners appoint- 
ed for the purpose. Gold is coined most into half 
eagles; and from 1804 to 1838 no eagles were coined. 
Of the silver coinage, by far the greatest part in value 
is in half dollars. No dollars were coined from 1805 
to 1836. The whole coinage from the commencement 
of operations to the end of the year 1841, amounted, 



FOREIGN COINS, 199 

in value, to about eighty-six millions of dollars, ma- 
king in all nearly two hundred and sixty millions of 
pieces. Some portion of this money, however, has been 
recoined, particularly of the gold coins, the standard 
weight of which, since the 31st of July, 1834, has 
been somewhat reduced. 

6. Gold and silver bullion brought to the mint, 
is received and coined for the depositor, at a low rate 
of charges. The greater part of the metal used for 
coinage consists of foreign coins. A portion of the gold 
is furnished by some of the southern states, chiefly 
North Carolina, Georgia, Virginia, and South Carolina. 
Gold, in small quantities, was sent to the mint from 
North Carolina as early as 1804 ; and from that state 
onh'', till 1829, when deposits began to be made from 
other states. By the end of the year 1841, gold of the 
United States had been received at the mint and 
its branches, amounting to nearly seven millions of 
dollars. It has been estimated, that little more than 
half of the gold produced from the mines of the 
United States is brought to the mint. 

7. Certain foreign coins have been made legal ten- 
der of payment, by acts of congress. Such are Spanish 
milled dollars of a specified weight, at the rate of one 
hundred cents for each, and in proportion for the parts 
of a dollar. So also, if they be of the required weight 
and fineness, dollars of Mexico, Peru, Chili, and Central 
America, and those restamped in Brazil, pass current 
as money, by tale, at the rate of one hundred cents to 
the dollar : and the five franc pieces of France, at the 
rate of ninety-three cents each. The gold coins of 
Great Britain, Portugal, Brazil, France, Spain, Mexico, 
and Colombia, of the prescribed fineness, are receiva- 
ble in all payments, by weight, at certain fixed rates. 
The pound sterling of Great Britain, (which is not a 
coin, but a sum,) in all payments by or to the treasury 
of the United States, and in appraising merchandise 
imported, is estimated at four dollars and eighty-four 
cents. 



200 CORPORATIONS. 

CHAPTER LIII. 

CORPORATIONS. 

1. A CORPORATION is composed usually of several 
individuals, who subsist as a body politic, under a par- 
ticular name, and are vested with the capacity of per- 
petual succession, and of acting, for many purposes, as 
a single individual. The design of these associations 
is, to enable the members to act with concentrated 
effort and will, and to continue their joint powers and 
property in the same body, without the inconvenience 
arising from constant changes and conveyances. The 
will of the corporation is collected from the sense of 
the majority of the members. And whatever changes 
in its constituent parts may be occasioned by the death 
or change of any of the individual members, the corpo- 
ration itself remains the same, all the members from 
first to last being considered in law as one person, and 
that person, so long as the succession is kept up, never 
dies. 

2. Corporations are of various kinds. There are 
some which are established by the government for par- 
ticular specified objects of a public or jjolitical nature. 
Such are counties, towns, cities, parishes, school dis- 
tricts and the like, wherever they exist. Corporations 
of this kind may be authorized to hold private property 
for municipal uses. Being created for local and politi- 
cal purposes connected with the public good, they may 
be altered or abolished at the will of the legislature, 

. saving always to the rightful owners, the property, if 
any, belonging to the corporation. No civil action lies 
against such communities, unless it be given by stat-_ 
ute ; and then, as they have in general no corporate 
fund, each inhabitant is said to be liable to satisfy the 
Cudgment that may be obtained, and whoever pays it 
has a riffht to contribution from the others. 



CORPORATIONS. 201 

3. Civil corporations of a private nature include 
banks, the stock of which is owned wholly or in part 
by private persons, insurance, manufacturing, turnpike 
and rail road companies, and others of a similar descrip- 
tion. Such companies are created by acts of incorpo- 
ration, granted by the legislature. These charters of 
incorporation are in the nature of contracts between 
the government and the company, and as such they 
are not ordinarily subject to legislative interference, 
during the term for which they were granted. The 
members of incorporated companies are not in general 
personally responsible for the debts of the company, 
though in particular cases, and to a certain extent, they 
are made so by special provisions of law. 

4. The manner in which incorporated companies, in 
this country, are established, is substantially as follows. 
A number of persons associate themselves together 
and obtain from the legislature an act of incorporation, 
granting them the requisite powers, and conferring 
upon them a certain corporate name. The capital 
stock, or money to be paid in as the fund with which 
the particular business is to be carried on, is divided 
into a given number of shares, wliich are taken up by 
such individuals as choose to become stockholders, and 
which may be sold and transferred in the mode pre- 
scribed. The stockholders choose a board of directors, 
who appoint one of their number president; and also 
choose such other officers as are necessary. 

5. Banls are properly of three kinds, or they per- 
form three distinct offices. Banks of de2Josit are such 
as receive money to keep for the depositor until he 
demands it, either personally or by his order. Banks 
of cHscoimt loan money upon promissory notes, bills of 
exchange, and other securities. Notes and bills, for 
this purpose, are not upon interest, but are made pay- 
able at a future day, and the interest from the time 
when the money is advanced to the time when it falls 
due, is deducted from the sum advanced, which is 
called discounting. Banks of circidation, in discounting 
paper, as it is termed, or loaning money upon promis- 



202 CORPORATIONS. 

sory notes and the like, issue bills or notes of their own, 
instead of advancing the amount in specie. In this 
country, these three different offices are combined, and 
are all performed by the same institution. 

6. The stockholders in banks are compensated for 
the use of their money by the interest received for 
money loaned by the bank, oiit of which a dividend is 
declared and paid, usually half yearly, of so much per 
cent, on the stock. Each bank issues its bills, which 
are in fact promissory notes, made in the name of the 
president, directors, and company of the bank, signed 
by the president and cashier, and payable to a specified 
individual, or the bearer of them, on demand. These 
bills the bank uses and pays out as money, and the 
holders of them may at any time present them at the 
bank and demand the amount in specie ; and so long 
as a bank can redeem its bills, they are good and pass 
current as cash. 

7. When money is deposited in a bank, it is entered 
in the books of the bank to the credit of the depositor, 
and usually also in a small memorandum book, to be 
kept by the depositor, called his bank hook. When he 
wishes to draw out any part of his money, he addresses 
to the cashier a written order, denominated a check, to 
pay such a sum to the bearer. The checks, when paid, 
are usually perforated in a particular manner, so that 
they would be detected by the officers of the bank, if 
again presented for payment. At the end of every month, 
commonly, the account between the bank and the de- 
positor is settled, and the balance carried to the next 
month; and the checks that have been drawn by the 
depositor and paid during the month, are given up to 
him. 

8. Insurance is a contract by which one party, in 
consideration of a stipulated premium, engages to in- 
demnify another from loss or damage arising upon the 
happening of an uncertain event, provided for in the 
policy. The instrument by which the contract is ef- 
fected is called a policy. The party who undertakes 
for the indemnity is called the insurer or underwriter., 



CORPORATIONS. 203 

the other, the htsured. In this countiy, the business 
of insurance is conducted chiefly or wholly by incorpo- 
rated companies. Mutual fire insurance companies 
are common, consisting of associations of individuals. 
Each member of the company, on paying into the 
treasury a certain per cent, upon the amount of his 
property insured, and giving a note for an additional 
sum, receives a policy from the association, running a 
stated number of years. Losses are paid from the 
money in the treasury, and when needed, assessments 
are made upon the premium notes. 

9. Marine insurance is an agreement to indemnify 
the owners of vessels and other property at sea, against 
certain sea risks and perils. Fire insurance is a contract 
of indemnity against losses which a person may sustain 
in his buildings, furniture and goods, mentioned in the 
policy, by means of fire happening during the term of 
the insurance. In either of these cases the party in- 
sured must have an interest in the property lost, at the 
time of insuring and of the loss, to entitle him to re- 
cover on his policy. Accordingly, if the property be 
sold during the term, the insurance is at an end. But 
there is generally provision by which, with the consent 
of the insurer, or in some other prescribed mode, the 
policy may be assigned to the purchaser of the prop- 
erty, and be good to hira for the residue of the term. 

10. Life insurance is a contract whereby the insurer, 
in consideration of a sum in gross, or of certain periodi- 
cal payments, engages to pay the person for whose 
benefit the insurance is made, a specified sum or an 
annuity, ujion the death of the person whose life is 
insured, \vithin the term of the insurance ; which term 
may be for the whole life of the party, or for a limited 
time. The object of such insurance is usually to pro- 
vide a fund for creditors or for family connections, in 
case of the death of the person insured. The party in- 
suring must have an interest in the life insured. A 
creditor may insure the life of his debtor to the extent 
of his debt ; and a person may insure his own life for 
the benefit of his creditors or relatives. 



STATISTICAL TABLES. 



I. Times when the State Constitutions were formed^ and when 
revised; and qualifications required for Electors. 





ConElitutions. 


dualifications of Electors.^ 


States. 






Formed. 


Revised* 


Color. 


Residence in the 


Payment of 
Tiiiea, lie. 


Stile. 


Town.&c. 


Maine, 


1819 






3 mos. 


resid't 




N. Hampshire, 


1784 


1792 




6 mos. 


3 mos. 




Vermont, 


1793 


1836 




1 year 


resid't 




Massachusetts, 


1780 


1821 




1 year 


6 mos. 


Taxes. 


Rhode Island,t 


1663 








3 mos. 


Freehold. 


Connecticut, 


1818 


1836 


White 




6 mos. 


Taxes. 


New York, 


1777 


1821 




1 year 


6 mos. 




New Jersey, 


1776 




White 




1 year 


Taxes. 


Pennsylvania, 


1790 


1838 


White 


1 year 


lOd's. 


Taxes. 


Delaware, 


1792 


1831 


White 


1 year 


1 mo. 


Taxes. 


Maryland, 


1776 


1837 


White 


1 year 


6 mos. 




Vir^nia, 


1776 


1830 


White 




1 year 


Taxes. 


N. Carolina, 


1776 


1835 


White 




1 year 


Freehold. 


S. Carolina, 


1790 


1808 


White 


2 y'rs. 


6 mos. 




Georgia, 


1777 


1798 






6 mos. 


Taxes. 


Alabama, 


1819 




White 


1 year 


3 mos. 




Mississippi, 


1817 


1832 


White 


1 year 


4 mos. 




Tennessee, 


1796 


1834 


White 




6 mos. 




Kentucky, 


1790 


1799 


White 


2y. or 


1 year 




Ohio, 


1802 




White 


1 year 


resid't 


Taxes. 


Michigan, 


1835 




White 


6 mos. 


resid't 




Indiana, 


1816 




White 


1 year 


resid't 




Illinois, 


1818 




Wliite 


6 mos. 


resid't 




Missouri, 


1820 




White 


1 year 


3 mos. 




Arkansas, 


1836 




White 6 mos. resid't 




Louisiana, 


1812 




White 1 year 


Taxes. 



* At these dates, most of these Constitutions underwent a general re- 
vision, by conventions. Some of these, and of the others, have been 
amended, in regard to particular provisions, at other times. 

t This State has continued under the CJiarter of Charles II. 

X In all the States, electors are required to be male citizens, or in New 
Jersey and Illinois, inJiabitanta, 21 ijcars of age, or upwards. 

18 



206 



LEGISLATURES. 



II. Statement of the required age and period of residence, and 
the terms of office, in years, with the numbers and daily pay of 
Senators and Representatives. 



States and Territories. 


Senators. 


RepresenUtireB. 


Pay. 




c 


= s 




1 




a 


ctf 




.2 




g> 


']l 


"•'5 


s 


3 


bo 


■"si 


£.2 


1 


s 


$ 




-<l 


Km 


(So 


6 


52 


25 


pjffl 


KQ 


2 


223 


8.00 


United States, 


30 






Maine, 


25 


1 


H 




31 


21 


1 


K 


1 


200 


2.00 


N. Hampshire,* 


30 


7 






12 




2 




1 


250 


2.00 


Vermont, 


30 


2 


1 




30 


21 


2 


1 


1 


233 


1.50 


Massachusetts, 




5 






40 






1 


1 


356 


2.00 


Rhode Island,* 






X2 




10 






)^ 


>^ 


72 


1.50 


Connecticut,^ 


21 




>2 




21 


21 




)£ 


1 


208 


1.50 


New York * 








4 


32 








1 


128 


3.00 


New Jersey,* 






1 


1 


14 








1 


50 


3.00 


Pennsylvania, 


25 


4 


1 


3 


33 


21 


3 




1 


100 


3.00 


Delaware,* 


27 


3 


1 


4 


9 


24 


3 




2 


21 


3.00 


Maryland, 


25 




3 


6 


21 


21 






1 


78 


4.00 


Virginia,* 


30 






4 


32 


25 






1 


134 


4.00 


N. Carolina,* 






1 


2 


50 








2 


120 


3.00 


S. Carolina,* 


30 


5 




4 


45 


21 


3 




2 


124 


4.00 


Georgia,* 


25 


3 


1 


1 


93 


21 


3 




1 


207 


4.00 


Alabama, 


27 


2 


1 


3 


33 


21 


2 




1 


100 


4.00 


Mississippi, 


30 


4 


1 


4 


30 


21 


2 




2 


91 


3.00 


Tennessee, 


30 


3 


1 


2 


25 


21 


3 




2 


75 


4.00 


Kentucky, 


35 


6 


1 


3 


38 


24 


2 




1 


100 


3.00 


Ohio,t 


30 




2 


2 


36 


25 






1 


72 


3.00 


Michigan, 


21 


K 




2 


18 


21 


'A 




1 


53 


3.00 


Indiana,! 


25 


2 


1 


3 


50 


21 






1 


100 


2.00 


Illinois,! 


25 




1 


4 


40 


21 






2 


91 


3.00 


Missouri,! 


30 


4 


1 


4 


18 


24 


2 




2 


49 


3.00 


Arkansas, 


30 


1 




4 


17 


25 






2 


54 


3.00 


Louisiana,* 


27 


4 


1 


4 


17 


21 


2 


1 


2 


60 


6.00 


Florida, 




1 




2 


11 








1 


29 


4.00 


Wisconsin, 








4 


13 








2 


26 


3.00 


Iowa, 








2 


13 








1 


26 


3.00 



* Seit-ators, in New York and Delaware, and Senators and Represen- 
tatives in the rest of these States, must possess a specified amount of 
property, usually a part or the whole of it to be freehold. 

t In these States, Senators and Representatives are required to have 
paid a State or County tax. 

X Senators, in Connecticut, receive $2 a day ; Representatives, $1,50. 



ELECTIONS AND LEGISLATIVE SESSIONS. 



207 



III. Statement of the times of holding the General Elections, and 
the times of meeting of the Legislatures. 



States and TerritorieB. 


Times of Elections. 


Meetings of Legislatures. 


Times. 


Periods. 


United States,* 

Maine, 

New Hampshire, 

Vermont, 

Massachusetts, 

Rhode Island, 

Connecticut, 

New York, 

New Jersey, 

Pennsylvania, 

Delaware, 

Maryland, 

Virginia, 

North Carolina, 

South Carolina, 

Georgia, 

Alabama, 

Mississippi, 

Tennessee, 

Kentucky, 

Ohio, 

Michigan, 

Indiana, 

Illinois, 

Missouri, 

Arkansas, 

Louisiana, 

Florida, 

Wisconsin, 

Iowa, 


2d Mond. Sept. 
2d Tues. Mar. 
1st Tues. Sept. 
2d Mond. Nov. 
3d Wedn. Apr.f 
1st Mond. Apr. 
1st Mond. Nov. 
2d Tues. Oct. 
2d Tues. Oct. 
2d Tues. Nov. 
1st Wedn. Oct. 
4th Thurs. Apr. 
1st Thurs. Aug. 
2d Mond. Oct. 
1st Mond. Oct. 
1st Mond. Aug. 
1st Mond. Nov. 
1st Thurs. Aug. 
1st Mond. Aug. 
2d Tues. Oct. 
1st Mond. Nov. 
1st Mond. Aug. 
1st Mond. Aug. 
1st Mond. Aug. 
1st Mond. Oct. 
1st Mond. July. 
2d Mond. Oct. 


1st Mond. Dec. 
1st Wedn. Jan. 
1st Wedn. June. 
2d Thurs. Oct. 
1st Wedn. Jan. 
1st Wedn.Mayt 
1st Wedn. May. 
1st Tues. Jan. 
4th Tues. Oct. 
1st Tues. Jan. 
1st Tues. Jan. 
1st Mond. Dec. 
1st Mond. Dec. 
2d Mond. Nov. 
4th Mond. Nov. 
1st Mond. Nov. 
1st Mond. Nov. 
1st Mond. Jan. 
1st Mond. Oct. 
1st Mond. Dec. 
1st Mond. Dec. 
1st Mond. Jan. 
1st Mond. Dec. 
1st Mond. Dec. 
1st Mond. Nov. 
1st Mond. Nov. 
1st Mond. Jan. 
1st Mond. Jan. 
1st Mond. Dec. 
1st Mond. Dec. 


Annually. 

Annually. 

Annually. 

Annually. 

Annually. 

Semi-ann. 

Annually. 

Annually. 

Annually. 

Annually. 

Biennially. 

Annually. 

Annually. 

Biennially. 

Annually. 

Annually. 

Annually. 

Biennially. 

Biennially. 

Annually. 

Annually. 

Annually. 

Annually. 

Biennially. 

Biennially. 

Biennially. 

Annually. 

Annually. 

Annually. 

Annually. 



* Rfjiresentatives in Congress are usually chosen at the State Gen- 
eral Elections, and Senators at the meetings of the State Legislatures, 
respectively, which are held next preceding the time when their terra of 
office is to commence. 

t The Rejvexentatives in Rhode Island, for one half the year, are chos- 
en on the last Tuesday in August ; and there is another regular sessioa 
of the Legislature on the last Wednesday in October. 



208 



GOVERNORS. 



IV. Statement of the qualifications, terms of office, and salaries 
of the Chief Magistrates ; showing also where they have a quali- 
fied negative, and who performs the duties in case of vacancy. 



States and Territories. 


Years. 


Term 
ends. 


Salary. 


Successor. 




.J.S 




United States,* 

Maine,* 

N. Hampshire,*! 

Vermont,! 

Massachusetts,*! 

Rhode Island,! 

Connecticut,! 

New York,*! 

New Jersey,|| 

Pennsylvania,* 

Delaware, 

Maryland, 

Virginia, II 

N. Carolina,! 

S. Carolina,!|l 

Georgia,*! 

Alabama,! 

Mississippi,* 

Tennessee, 

Kentucky,! 

Ohio, 

Michigan,* 

Indiana,! 

Illinois,! 

Missouri,! 

Arkansas,! 

Louisiana,*! 

Florida,* 

Wisconsin,* 

Iowa,* 


35 
30 
30 

30 
30 

30 
30 
30 
30 
30 
30 
30 
30 
30 
30 
35 
30 

30 
30 
35 
30 
35 


14 
5 

7" 
4 
7 

5 

7 
6 
5 
5 
5 
10 
6 
4 
5 
7 
6 
4 
2 
5 
2 
4 
4 
6 


4 

2 
1 
3 

4 
3 
3 

2 
2 
2 
2 
2 
2 
4 
2 
2 
3 
4 
4 
4 
4 
3 
3 
3 


Mar. 

Jan. 

June. 

Oct. 

Jan. 

May. 

May. 

Jan. 

Oct. 

Jan. 

Jan. 

Jan. 

Mar. 

Jan. 

Dec. 

Nov. 

Dec. 

Jan. 

Oct. 

Sept. 

Dec. 

Jan. 

Dec. 

Dec. 

Nov. 

Nov. 

Jan. 

Dec. 

Mar. 

July. 


25,000 
1,500 
1,000 
750 
3.6661 
'400 
1,100 
4,000 
2,000 
4,000 
1,3334 
4,200 
3,3334 
2,000 
3,500 
4,000 
3,500 
3,000 
2,000 
2,500 
1,500 
2,000 
1,500 
1.500 
2J0DO 
2,000 
7,500 
2,500 
2,500 
2,500 


Vice President. 
Pres. of Senate. 
Pres. of Senate. 
Lieut. Governor. 
Lieut. Governor. 
Lieut. Governor. 
Lieut. Governor. 
Lieut. Governor. 
V. P. of Leg. Coun. 
Speaker of Senate. 
Speaker of Senate. 
Secretary of State. 
Lieut. Governor. 
Speaker of Senate. 
Lieut. Governor. 
Pres. of Senate. 
Pres. of Senate. 
Pres. of Senate. 
Speaker of Senate. 
Speaker of Senate. 
Speaker of Senate. 
Lieut. Governor. 
Lieut. Governor. 
Lieut. Governor. 
Lieut. Governor. 
Pres. of Senate. 
Pres. of Senate. 
Sec. of Territory. 
Sec. of Territory. 
Sec. of Territory. 



* The Executive has a quahfied negative ; and a bill, to become a 
law, must be repassed by a vote of two thirds of the members present 
in each house. 

t The Executive has a negative, but a bill becomes a law if repassed 
by a majority of all the members elected to each house, or, in Vermont and 
Connecticut, by a majority of those present. 

X The Governor, in these States, must be & freeholder. 

II Chosen by the Legislature ; in all the other States, by the people. 



JUDGES. 



209 



V. Statement of the number of Judges of the highest Courts, 
the mode of their appointment, their terms of office and compen- 
sation, and how removable. 



Slates and Territories. 



United States,* 

Maine,! 

N. Hampshire^t 

Vermont,* 

Massachusetts,! 

Rhode Island, 

Connecticut,! 

New York,* 

New Jersey,* 

Pennsylvania,! 

Delaware,!' 

Maryland,! 

VirEcinia.! 

N. Carolina,^' 

S. Carolina,* 

Georgia,! 

Alabama,! 

Mississippi,! 

Tennessee,! 

Kentucky,! 

Ohio,* 

Michigan,! 

Indiana,* 

Illinois,! 

Missouri,! 

Arkansas,* 

Louisiana,! 

Florida,* 

Wisconsin,* 

Iowa,* 

iDist. Columbia.' 



Appointed by the 



Tenn of office. 



9 Pres. and Sen. 

3 Gov. and Coun. 

4 Gov. and Coun. 

5 Legislature. 

4 Gov. and Coun. 
3 Legislature. 

5 Legislature. 

3 Gov. and Sen. 
5 Legislature. 

5 Gov. and Sen. 

4 Governor. 

6 Gov. and Sen. 

5 Legislature. 
3 j Legislature. 
6 1 Legislature. 

11 Legislature. 
3, Legislature. 
3 People. 
3 1 Legislature. 

3 Gov. and Sen. 

4 Legislature. 

4 Gov. and Sen. 
3: Gov. and Sen. 
9, Legislature. 

3 1 Gov. and Sen. 
3 [Legislature. 

5 Gov. and Sen. 
5 Pres. and Sen 
3 Pres. and Sen 
3 Pres. and Sen 
3 i Pres. and Sen 



Good behavior. 
Seven years. 
Good be. till 70. 
One year. 
Good behavior. 
One year. 
Goodbe.tillTO. 
Good be. till 60. 
Seven years. 
Fifteen years. 
Good behavior. 
Good behavior. 
Good behavior. 
Good behavior. 
Good behavior. 
Three years. 
Six years. 
Six years. 
Twelve years. 
Good behavior. 
Seven years. 
Seven years. 
Seven years. 
Good behavior. 
Good be. till 65. 
Eight years. 
Good behavior. 
Four years. 
Good behavior. 
Four years. 
Good behavior 



$ Salary of 



C. J. Assoc. 



5,000 
1,800 
1,400 
1,375 
3,500 
650 
1,100 
3,000 
1,500 
2,666i 
1,200 
2,500 
2,750 
2,500 



2,250 
2,000 

2,000 
1,500 
1,600 
1,500 
1,500 
1,100 



2,700 



4,500 
1,800 
1,200 
1,375 
3,000 
550 
1,050 
3,000 
1,400 
2,000 
1,200 
2,200 
2,500 
2,500 
3,000 
2,100 
2,250 
2,000 
1,800 
2,000 
1,500 
1,500 
1,500 
1,500 
1,100 
1,800 
5,000 
L800 
l',800 
1,800 
2,500 



* Removable from office by impeachment. 

t Removable by impeachment, (or in Maryland, on conviction in a 
court of law) ; or by the Executive, on the address of both branches nfthe 
Leg-islature. For this latter, in all the States except Maine, New Hamp- 
shire, and Massachusetts, two thirds of the members of each house, and 
in Louisiana, three fourths must concur. 

X Removable by impeachment, or hy a roncunent vote of two thirds 
of tlie members of both branchfis of the Legislature. 

18* 



210 



APPORTIONMENT OF REPRESENTATIVES. 



VI. Statement of the times luhen the respective States adopted 
the Constitution of the United States, or were admitted into the 
Union; and of the whole number of Representatives in Con- 
gress, and the number for its slave population, to which each 
State has been entitled under the several apportionments. 



states. 


Adoption of the Con- 
stitution, or admis- 
Bion into the Union. 


1789 


1793 


1803 


1813 


1823 


1833 


1843 


!s 


^ 


> 


Z 


> 


:! 


> 


! 


SB 
> 


% 


> 


ll 


S 






1 


^ 




J 
^ 








J3 

7 




si 

8 


u 


1 

7 




Me. 


Mar. 15, 1820 










N.H. 


June 21, 1788 


3 


4 




5 




6 




6 




5 




4 




Vt. 


Feb. 18, 1791 




2 




4 




6 




5 




5 




4 




Mass. 


Feb. 7, 1788 


8 


14 




17 




20 




13 




12 




10 




R. I. 


May 29, 1790 


1 


2 




2 




2 




2 




2 




2 




Conn. 


Jan. 9, 1788 


5 


7 




7 




7 




6 




6 




4 




N. Y. 


July 26, 1788 


6 


10 


1 


17 




27 


1 


34 




40 




34 




N.J. 


Dec. 18, 1787 


4 


5 




6 




6 




6 




6 




5 




Penn. 


Dec. 12, 1787 


8 


13 




18 




23 




26 




28 




24 




Dfel. 


Dec. 7, 1787 


1 


1 




1 




2 


1 


1 




1 




1 




Md. 


Apr. 28, 1788 


6 


8 


2 


9 


2 


9 


2 


9 


2 


8 


1 


6 


1 


Va. 


June 27, 1788 


10 


19 


6 


22 


6 


23 


7 


22 


6 


21 


6 


15 


4 


N. C. 


Nov. 21, 1789 


5 


10 


2 


12 


2 


13 


2 


13 


3 


13 


3 


9 


2 


s. c. 


May 23, 1788 


5 


6 


2 


8 


2 


9 


3 


9 


3 


9 


4 


7 


3 


Ga. 


Jan. 2, 1788 


3 


2 


1 


4 


1 


6 


2 


7 


3 


9 


3 


8 


3 


Ala. 


Dec. 14, 1819 
















3 


1 


5 


1 


7 


2 


Miss. 


Dec. 10, 1817 
















1 




2 


1 


4 


2 


Tenn. 


June 1, 1796 








3 


1 


6 


1 


9 


1 


13 


2 


11 


2 


Ken. 


June 1, 1792 




2 


1 


6 


1 


10 


1 


12 


2 


13 


3 


10 


2 


Ohio, 


Apr. 30, 1802 








1 




6 




14 




19 




21 




Mich. 


June 15, 1836 
























3 




Ind. 


Dec. 11, 1816 
















3 




7 




10 




111. 


Dec. 3, 1818 
















1 




3 




7 




Mo. 


Mar. 2, 1821 
















1 




2 




5 


1 


Ark. 


June 15, 1836 
























1 




La. 


Apr. 8, 1812 




105 


15 


142 


15 


1 

182 


20 


3 

213 


1 
22 


3 

240 


1 

25 


4 
223 


2 
24 




Total, 


65 



APPORTIONMENT OF REPRESENTATIVES. 



211 



VII. Statement of the Ratios upon which the several Appor- 
tionments have proceeded^ and the unrepresented fractions of the 
federal population^ in the respective States, under each of those 
Apportionments. 





1793 


1803 


1813 


1823 


1833 


1843 


Hatios, 


33,000 


33,000 


35,000 


40,000 


47,700 


70,680 


Stales. 


FracUons. 


Fractions. 


Fractions. 


Fractions. 


Fractions. 


Fractions. 


Maine, 








18,335 


18,355 


7,033 


N. Hampshire, 


9,746 


18,760 


4,360 


4,161 


30,828 


1,854 


Veraiont, 


19,410 


22,465 


7,713 


35,764 


42,152 


9,228 


Massachusetts, 


13,257 


13,964 


745 


3,287 


38,008 


30,899 


Rhode Island, 


2,730 


2,970 


6,991 


3,040 


1,792 


33,143* 


Connecticut, 


6^040 


19,622 


16,918 


35,163 


11,465 


27,251 


New York, 


1,591 


17,619 


8,933 


8,778 


10,578 


25,800 


New Jersey, _ 


14,571 


8,981 


35,215 


34,513 


33,721 


19,636 


Pennsylvania, 


3,879 


7,683 


4,873 


9,374 


12,472 


27,687 


Delaware, 


22,544 


28,813 


1,004 


30,940 


27,731 


6,363 


]Mar3"land, 


14,514 


2,294 


20,946 


7,392 


24,242 


9,354 


Virginia, 


3,938 


15,832 


12,615 


15,113 


21,802 


2 


N. Carolina, 


2.3,523 


23,785 


32,970 


36,822 


19,647 


18,972 


S. Carolina, 


8,236 


23,131 


21,569 


39,341 


25,725 


39,503* 


Georgia, 


4,839 


6,340 


346 


1,125 


510 


13,574 


Alabama, 








5,175 


24,007 


65,264* 


Mississippi, 








22,322 


14,957 


14,847 


Tennessee, 




1,168 


33,913 


30,771 


5,163 


49,187* 


Kentucky, 


2,345 


6,818 


24,287 


33,625 


1,732 


125 


Ohio, 




12,365 


20,760 


21,434 


31,603 


35,186 


Michigan, 












227 


Indiana, 








27,102 


9,131 


49,745* 


Illinois, 








14,845 


14,056 


51,971* 


Missouri, 








22,493 


35,012 


7,006 


Arkansas, 












18,920 


Louisiana, 
Total, 






27,692 


5,781 


28,804 


2,311 


151463 


2.38,660 


231,855 


466,706 


483,493 


276,275t 



* These fractions are allowed one Representative each, 
t Not including the fractions that are represented 



212 



SESSIONS OF CONaHESS. 



VIII. Table showing the commencement, close, and duration of 
each session of Congress, the number of Acts and Resolutions 
passed, and of Bills vetoed or retained by the Executive, and the 
Speakers of the House of Representatives. 



4, 1789 

4, 1790 

6, 1790 
24, 1791 

5, 1792 

2, 1793 

3, 1794 

7, 1795 
5, 1796 

15, 1797 

13, 1797 
3, 1798 
2, 1799 

17, 1800 
7, 1801 
6,1802 

17, 1803 
5, 1804 
2, 1805 
1, 1806 

26, 1807 

7,1 
22, 1809 
. 27, 1809 
, 3, 1810 
. 4,1811 
, 2, 1812 
■ 24, 1813 
. 6,1813 



Sept. 

Aug. 

Mar. 

May 

Mar. 

June 

Mar. 

June 

Mar. 

July 

July 

Mar. 

May 

Mar. 

May 

Mar. 

Mar. 

Mar. 

Apr. 

Mar. 

Apr. 

Mar. 

June 

May 

Mar. 

July 

Mar. 

Aug. 

Apr, 



19, 1814 Mar. 



29, 1789 

12, 1790 

3, 1791 

8, 1792 

2, 1793 

9, 1794 

3, 1795 
1, 1796 
3, 1797 

10, 1797 
16, 1798 
3, 1799 
14, 1800 
3, 1801 
3, 1802 
3, 1803 

27, 1804 
3, 1805 

21, 1806 
3, 1807 

25, 1808 
3, 1809 

28, 1809 
1, 1810 
3, 1811 
6,1812 
3, 1813 
2,1813 

18,1814 
3, 1815 



210 
221 

88 
198 
118 
190 
121 
178 

89 

57 
246 

91 
165 
107 
148 

88 
163 
119 
141 

93 
183 
117 

38 
156 

91 
246 
122 

71 
134 
166 



Speakers. 



F. A. Muhlen- 
berg, Penn. 

Jon. Trumbull, 
Conn. 

F. A. Muhlen- 
berg. 

Jona. Dayton, 
N.J. 

Jona. Dayton. 

T. Sedgwick, 

Mass. 
Nath. Macon, 

N. C. 

Nath. Macon. 

Nath. Macon. 

J. B. Varnum, 

Mass. 

J. B. Varnum. 

Henry Clay, 

Ken. 
Henry Clay. 
Lang.Cheves, 

S. C. 



SESSIONS OF CONGKESS. 



213 



(Continued.) 



14. 
15. 
16' 

n 

18 
19 
20 
21 
22 
23 
24. 

25. 

26 

27- 



Dec. 
Dec. 
Dec. 1 
Nov. 16 
Dec. 6 
Nov. 13 

1 Dec. 3 

2|Dec. 

1 Dec. 

2jDec.. 

IjDec. 

2iDec. 

I'Dec. 

2iDec. 

IjDec. 

2iDec. 



Dec. 
Dec. 
Dec. 

2 Dec. 
llDec. 
2|Dec. 
1 Sept, 
21 Dec. 

3 Dec. 
llDec. 
2iDec. 
1 May 31 
2lDec. 6 
slDec. 5 



,1815 
,1816 
,1817 
,1818 
,1819 
,1820 
,1821 
,1822 
,1823 
,1824 
,1825 
,1826 
,1827 
,1828 
,1829 
,1830 
,1831 
, 1832 
,1833 
,1834 
,1835 
,1836 
,1837 
,1837 
,1838 
,1839 
,1840 
,1841 
,1841 
,1842 



Apr. 
Mar. 
Apr. 
Mar. 
May- 
Mar. 
May 
Mar. 
May 
Mar. 
May 
Mar. 
May 
Mar. 
May 
Mar. 
July 
Mar. 
June 
Mar. 
July 
Mar. 
Oct. 
July 
Mar. 
July 
Mar. 
Sept. 
Aug. 
Mar. 



,1816 
,1817 
,1818 
,1819 
,1820 
,1821 
,1822 
,1823 
,1824 
,1825 
,1826 
,1827 
,1828 
,1829 
,1830 
,1831 
,1832 
,1833 
,1834 
,1835 
,1836 
,1837 
,1837 
,1838 
1839 
,1840 
,1841 
,1841 
,1842 
,1843 



3ie 

Q-a 

149 

92 
151 
108 
162 
111 
157 

92 
179 

88 
169 

90 
176 

93 
176 

88 
223 

91 
211 

93 
211 

89 

43 
218 

91 
233 

87 
106 
269 



181 

117 

142 

114 

143 

65 

133 

106 

212 

124 

162 

103 

158 

67 

243 

126 

311 

147 

277 

113 

377 

81 

11 

277 

249 

106 

41 

30 

299 



Speaker!. 



Henry Clay. 

Henry Clay. 

Henry Clay. 
J.W.taylor,N.Y, 
P. P. Barbour, 
Va. 

Henry Clay. 

John W. Taylor, 

A. Stevenson, 
Va. 

A. Stevenson. 

A. Stevenson. 

A. Stevenson. 
John Bell, Tenn 
James K. Polk, 
Tenn. 

James K. Polk. 

R, M. T. Hunter, 
Va. . 

John White, 
Ken. 



214 



EXECUTIVE OFFICERS. 



IX. Compensation of the principal Executive officers of the Gov- 
ernment of the United States. 



President, 


Salary. 

$25,000 


Vice President, 


Salary. 

$5,000 




CABINET. 




Secretary of State, 
Secretary of Treasury 
Secretary of War, 


Salary. 
$6,000 

6,000 
6,000 


Secretary of the Navy, 
Postmaster General, 
Attorney General, 


Salary. 

$6,000 
6,000 
4,000 


Department of State. 




Chief Clerk, 


Salary. 

$2,000 


Patent Office. 


Salary. 


Translator, 


1,600 


Commissioner, 


$3,000 


Clerks,* 




Chief Clerk. 


1,700 


Treasury Department. 




Chief Clerk, 


Salary. 

$2,000 


Treasurer's Office 


Salary. 


Comptrollers. 
First Comptroller, 
Chief Clerk, 


3.500 
IJOO 


Treasurer, 

Chief Clerk, 


$3,000 
1,700 


Second Comptroller, 
Chief Clerk, 


3,000 
1,700 


Register's Office. 
Register, 


3,000 


Auditors. 




Chief Clerk, 


1,700 


First Auditor, 
Chief Clerk, 
Second Auditor, 
Chief Clerk, 


3,000 
1,700 
3,000 
1,700 


Solicitor's Office. 

Solicitor, 
Clerk, 


3,500 
1,150 


Third Auditor, 
Chief Clerk, 


3,000 
1,700 


General Land Offi 


ce. 


Fourth Auditor, 


3,000 


Commissioner, 


3,000 


Chief Clerk, 


1,700 


Principal Clerks, (three) 1,800 


Fifth Auditor, 


3,000 


Recorder, 


1,500 


Chief Clerk, 


1,700 


Solicitor, 


2,000 


Auditor for P. 0. Dep. 


3,000 


Secretary to sign Patents, 1,500 


Chief Clerk, 


2,000 







* Clerks in the Departments, other than the Chief Clerks, receive 
usually from $1,000 to $1,400 a year ; Messengers, commonly $70Cb 



EXECUTIVE OFFICERS. 



215 



Chief Cleric, 

Indian Affairs. 

Commissioner, 

Chief Clerk, 

Superintendents, 

Agents, 

Sub-Agents, 

Interpreters, 

Pension Office. 
Commissioner, 



War Department. 

Salary. 



$2,000 



3,000 
1,600 
1,500 
1,500 
750 
300 



2,500 



Salary. 

$1,760 



Chief Clerk, 

Bounty Lands. 
Principal, 
Clerk, 

Paymaster GeneraVs Office. 
Paymaster General, 
Chief Clerk, 

Surgeon GeneraVs Office. 
Surgeon General, 2,500 

Clerk, 1,150 



1,600 
1,150 



2,500 
1,700 



Salary. 

$2,000 



Chief Clerk, 

Navy Yards If Docks. 

Chief of Bureau, 3,500 

Civil Engineer, 2,000 

Draughtsman, 1 ,000 



Navy Department. 

Salary. 

Construe. EquipH If Repairs. 
Chief of Bureau, $3,000 

Assistant Constructor and 
Draughtsman, 1,600 



Ordnance Sf Hydrography, 
Chief of the Bureau, 3,500 



Provisions Sf Clothing. 
Chief of Bureau, 3,000 

Medicine If Surgery. 
Chief of Bureau, 



Post Office Department. 

Salary. i 

Ass't P. M. Gens, (three) $2,500 | Chief Clerk, 



Director, 
Treasurer, 
Chief Coiner, 



Officers of the Mint 

Salary. 

$3,500 
2,000 
2,000 



Assayer, 

Melter and Refiner, 

Engraver, 



Surveyors General. 

Stationed at 



Ohio, Indiana and Michigan, 

Illinois and Missouri, 

Mississippi, 

Louisiana, 

Alabama, 

Florida, 

Arkansas, 

Wisconsin and Iowa, 



Cincinnati, 
St. Louis, 
Jackson, 
Donaldsonville, 
Florence, 
Tallahassee, 
Little Rock, 
Du Buque, 



2,500 



Salary. 

$2,000 



Salary. 
$2,000 

2,000 
1,500 



Salary. 

$2,000 
2,000 
2,000 
2,000 
2,000 
2,000 
1,500 

*1,500 



* And $350 a year for office rent, fuel, and incidental expenses. 



216 



AEMY. 



X. Pay and Allowances of the Army. 



Major General, 

Bri3:adiers General, 

Adjutant General, (Col.) 

Assistant Adjutants General, (Majors) 

Assistant Adjutants General, (Captains) 

Inspector General, (Col.) 

Quartermaster General, (Brigadier Gen.) 

Assistant Quartermasters General, (Col.) 

Deputy Quartermasters General, (Lt.Col.] 

Quartermasters, (Majors) 

Assistant Quartermasters, (Captains) 

Commissary Gen. of Subsistence, (Col.) 

Assist. Comiss'y. Gen. of Subsist. (Lt.Col.' 

Commissaries, (Majors) 

Commissaries, (Captains) 

Surgeons, (Majors)* 

Assistant Surgeons, (Captains)* 

Paymasters, (Majors) 

Colonels,! 

Lieutenant Colonels,t 

Majors,! 

Captains,! 

First Lieutenants,! 

Second Lieutenants,! 

Sergeant Majors, 

Quartermaster Sergeants, 

First Sergeants, 

Other Sergeants, 

Corporals, 

Principal Musicians, 

Musicians, 

Farriers and Blacksmiths, 

Artificers, 

Privates, 

Cadets, 

Chaplains, 



J 

s 
z 


^4 


daily. 
Horses 
allowed. 
"Servanta 
allowed. 


1 s 


^200 


15 


7 


4 


2 


104 


12 


5 


3 


1 


90 


6 


5 


2 


2 


60 


4 


4 


2 


4 


50 


4 


3 


1 


1 


90 


6 


5 


2 


1 


104 


12 


5 


3 


2 


90 


6 


5 


2 


2 


75 


5 


4 


2 


4 


60 


4 


4 


2 


28 


50 


4 


3 


1 


1 


90 


6 


5 


2 


1 


75 


5 


4 


2 


2 


60 


4 


4 


2 


4 


50 


4 


3 


1 


20 


60 


4 


4 


2 


52 


50 


4 


3 


1 


15 


60 


4 


4 


2 


17 


75 


6 


4 


2 


18 


60 


5 


3 


2 


26 


50 


4 


3 


2 


172 


40 


4 




1 


208 


30 


4 




1 


168 


25 


4 




1 


14 


17 








14 


17 








140 


16 








420 


13 








560 


9 








22 


17 








280 


8 








20 


11 








80 


11 








6040 


7 








250 


16 


2 






20 


40 


4 







* Surgeons and Assistant Surgeons, after ten years' faithful service in 
those grades, are entitled to double rations. In regard to additional pay, 
rations and allowances, see page 126 of the text. 

I The pay here stated is that allowed in the Artillery and Infmit')-y. 
The pay of officers of Dragoons, of Ordnance, Eng-ineers, and Topo- 
graphical Engineers, is the same as that of Officers of corresponding 
grade in the Staff; which term embraces all in the above table, to Com ■ 
missanes inclusive. 



NAVY AND MARINES. 



217 



XI. Annual Pay of Officers of the Navy. 



Grade and Number. 

Captains. — 67. 
Senior Captain, in service, 
On leave, or v^'aiting orders, 
Others, com'ding squadrons, 
On other duty. 
Ofl'dutj', 

C0M3IA?JDERS. — 96. 

In sea service. 

At na\'^'' yards, (fcc, 

On leave', or waiting orders. 



Pay. 

$4,500 
3,.'500 
4,000 
3,500 
2,500 



2,500 
2,100 
1,800 



Lieutenants. — 320. 

Commanding, 1,800 

On other duty, 1,500 

Waiting orders, 1,200 

Surgeons. *— 70. 
First five years, 



Second five years, 
Tliird five years, 
Fourth five years, 
After twenty years, 



1,000 
1,200 
1,400 
1,600 
1,S00 



Passed Assist. Surgeons. — 9. 
Waiting orders, 850 

At na^y yards, &c., 1,150 

At sea, 1,200 

Assistant Surgeons. — 57. 
Waiting orders, 650 

At sea, navy yards, &c., 950 

Chaplains. — 2i. 



In sea service. 

On leave, or waiting orders, 

Profs, of Mathematics. 
At sea, or navy yards, 



1,200 
800 

-17. 
1,200 



GraJe and Number. Pay. 

Pursers. — 63. 
Ofshipsoftheline, $3,500 

Frigates and razees, 3,000 

Sloops and steamers, 1st class, 2,000 
Brigs, schooners, fcc, l,-300 

At four of the navy yards, 2,500 
At Portsm. Phila. and Wash., 2,000 
At naval stations, 1,500 

In receiving ships, elsewhere, 1,500 
At Boston, N. Y. and Norfolk, 2,500 
On leave, &;c., pay of surgeons. 

Passed Midshipmen. — 103. 
On duty, 750 

Waiting orders, 600 

Midshipmen. — 4-50. 

In sea service, 400 

On other duty, 350 

On leave, or waiting orders, 300 

Masters. — 15. 

Ofshipsoftheline, 1,100 

On other duty, 1,000 

On leave, or waiting orders, 750 

Second Masters. — 15. 

In sea service, 750 

On other dut)', 500 

On leave, or waiting orders, 400 

Masters' Mates. — 4. 
In sea service, &c. 450 

On leave, or waiting orders, 300 



Boatswains,32 "] Ships of fine, 800 
Gunners, 41 I Other duty, 700 
Carpenters, 36 f On leave, &c.500 
Sailmakers,33J Same,afl0y.600 

The Marine Corps consists of 1 colonel, 1 lieut. col., 4 majors 
13 captains, 20 1st lieuts., 20 2d lieuts., 1 adj't and inspector, 1 pay- 
master, 1 quartermaster, 1 assistant quartermaster, 1 sergeant major, 
1 quartermaster sergeant, 1 drum major, 1 fife major, S'O sergeants' 
80 corporals, 30 drummers, 30 fifers, and 1000 privates. They 
receive the same pay and emoluments as the Infantry and Artillery. 



* Surgeons at navy yards are entitled to an increase of one fourtli, in 
sea ser\ice, of one third, and as fleet surgeons, of one half the amount of 
their respective annual pay. 

19 



218 



CIRCUIT AND DISTRICT COURTS. 



XII. Judicial Circuits and Districts^ number of stated annual 
sessions of the Courts, places where they are held^ and salaries 
of the District Judges. 







Ses-ic 


lis ot 






s _ 


Dislricls. 


Circuit 


Dist. 


Places where the Courts are held. 


Salaries of 
District 


5 




Court. 


Court. 




Judges. 




Maine, 


2 


4 


Portland, Wiscasset. 


$1,S00 


1- 


N. Hampshire, 


2 


4 


Portsmouth, Concord. 


1,000 


Massachusetts, 


2 


4 


Boston. 


2,-500 




i Rhode Island, 


2 


4 


Providence, Newport. 


1,500 


2- 


Vermont, 


2 


2 


Rutland, Windsor. 


1,200 


Connecticut, 


2 


4 


Hartford, New Haven. 


1,500 


( S. Dist. 
^•■^•■JN. Dist. 


4 


12 


New York. [Canandai.f 


3,500 




2 


5 


Albany, Utic* Buff.* Roch.* 


2,000 




New Jersey, 


2 


4 


Trent.,! N.Bruns.,*'Burling.* 


1,500 


3- 


Pa jE.Dist. 
^^- |W. Dist. 


2 


4 


Philadelphia. 


2,500 




2 


4 


Pittsburg, Williamsport.* 


1,800 




Delaware, 


2 


4 


Newcastle, Dover. 


1.500 


4- 


Maryland, 


2 


4 


Baltimore. 


2,000 


Va JE. Dist. 
^^- 1 W.Dist. 


2 


4 


Richmond, Norfolk.* 


1,800 




1 


8 


Lewisburg, Staunt.,*Clarks- 


1,600 


' 


f S. Dist. 


2 


2 


Mobile. [burg,* Wythe C.H.* 


1 




Ala. \ M. Dist. 




2 


Tuscaloosa.* 


1-2,500 


5- 


[ N. Dist. 




2 


Huntsville.* 


J 




La JE.Dist. 
^^- \ W. Dist. 


2 


3 


New Orleans. 


\ 3,000 






1 


Opelousas Court House.* 




f S. Dist. 




2 


Wilmington.* 


s 




N.C.^ M. Dist. 
[ N. Dist. 


2 


2 


Raleigh,! Newbern.* 


■2,000 


6- 




2 


Edenton.* 




^ C. i E. Dist. 
*• 1 W. Dist. 


2 


4 


Charleston, Columbia.f 


\ 2,500 






1 


Laurens Court House.* 




Georgia, 


2 


4 


Savannah, Milledgeville.f 


2,500 




Ohio, 


2 


o 


Columbus. 


1,000 


7- 


Michigan, 


1 


2 


Detroit. 


1,500 


Indiana, 


1 


2 


Indianapolis. 


1,000 




Illinois, 


1 


2 


Springfield. 


1,000 




Kentucky, 


2 


2 


Frankfort. 


1.500 




f E. Dist. 


1 


2 


Knoxville. 


1 


8- 


Ten.^ M. Dist. 
t W. Dist. 




2 


Jackson.* 


k,500 




1 


2 


Nashville. . 


J 




Missouri, 


1 


2 


St. Louis. 


1,200 


9- 


Mi, iS.Dist. 
Mis. ^ ^ j^.g^ 


2 


2 
2 


Jackson. 
Pontococ* 


\ 2,000 




Arkansas, 


1 


2 


Little Rock. 


2,000 



* t In the places marked (*), only District Courts are held ; at those 
marked (f), only Circuit Courts; at the others, both Circuit and District 
Courts. 



POST OFFICE ESTABLISHMENT. 



219 



XIII. Number of Post Offices, Extent of Post Roads, and 
Revenue and Expenditures of the Post Office Department; ivith 
the amount paid to Postmasters, and for Transportation of 
the Mail* 



Year.. 


Number of 

Post 

Offices. 


Extent of 
Post Roads. 


Revenue of the 
Depdrtment. 


E.'cpenclitures 

of the 
Department. 


Amount 


p;>id lor 


Compensation 
of Postmasters. 


Tr.tn3portation 
of the MiUl. 


1790 


75 


1,875 


$37,935 


^32,140 


^3,198 


S2'2,031 


1795 


45:3 


13,207 


160,620 


117,893 


30,272 


75,359 


ISOO 


003 


20,817 


230,804 


213,994 


69,24:3 


1-23,644 


1S05 


1,558 


31,076 


421,373 


377,367 


111,552 


239,635 


1810 


2,300 


36,406 


551,634 


495,969 


149,438 


327,966 


1815 


3,000 


43,748 


1,043,065 


748,121 


241,901 


487,779 


1816 


3,'260 


43,673 


961,782 


804,422 


265,944 


521,970 


1917 


3,459 


52,039 


1,00-2,973 


916,515 


303^916 


539,189 


1818 


3.013 


59,473 


1,130^235 


1,03.5,832 


346,429 


664,611 


1319 


4.000 


67,586 


1,204,737 


1,117,861 


375.8-23 


717,381 


1S20 


4,500 


72^492 


1,111,927 


1,160,926 


352,295 


732,425 


18-21 


4,650 


78.803 


1,059,037 


1,184,283 


337,599 


815,631 


1S22 


4,799 


82^76:3 


1,117,490 


1,167,572 


355,299 


783.618 


1623 


4,043 


84,860 


1,1.30,115 


1,156,995 


300,462 


767^464 


1524 


5.182 


84,860 


1^197,753 


1,188,019 


353,804 


763,939 


18-25 


5X)77 


94,052 


1,306,525 


1,229,043 


411,183 


735,646 


18-26 


6,150 


94,0o2 


1,447,703 


1,366,712 


447,727 


835,100 


1827 


7,003 


105,336 


1, 5-24, 633 


1,463,959 


436,411 


942,345 


lS-23 


7^5:30 


105.:3.36 


1,659,915 


1,639,945 


543,049 


1,036,313 


. 1829 


S,C04 


115,000 


1,707,413 


1,782,132 


559,237 


1,153,646 


1830 


8,450 


115,176 


1,350,533 


1,932,703 


595,234 


1,274,009 


1831 


8^086 


115^436 


1,997,811 


1.930,122 


0:35,023 


1,252,226 


1S:>2 


9.205 


104,406 


2,253^570 


2^266,171 


715,481 


1,482,507 


18a3 


10Jl27 


119,916 


2,617,011 


2,930^414 


826,283 


1,894,633 


ia34 


10,693 


119,916 


2,323,749 


2,910,605 


S97,:317 


1,925,544 


1835 


10,770 


112,774 


2,993,356 


2,757,350 


945,418 


1,719,007 


1336 


11,091 


118,264 


3,408,3-i3 


2,841,766 


812,803 


1,033,052 


1937 


n,707 


141.242 


4,100.605 


3,303,423 


891,352 


1,996,727 


1838 


12,519 


1.34,818 


4,235,073 


4,621,837 


93:3,948 


3,131,303 


1839 


12,7s0 


ia3,999 


4,477,614 


4,054,718 


930,000 


3,285,022 


1640 


1.3,408 


155,739 


4,539,-205 


4,759.110 


1,033,925 


:3,296,376 


1841 


13,778 


155.0-26 


4,379,296 


4^44:3,768 


1,013,045 


2,934,.3S9 



* The 'Rci'nine of the Post Office Department is derived chiefly from 
poxtngc ; a triflings amount from ////i?.s and poudties for violations of the 
post office laws. The Expi/iditHres of the department, consist of the 
items for compensation of postmasters, and transportation of the mail, and 
certain other miscellaiieous expenses. 



220 



PUBLIC REVENUE. 



XIV. Statement of the Receipts into the National Treasury, 
from Customs. Internal Revenue and Direct Taxes, and Sales 
of Public Lands. 



YeaiB. 


Customs. 


Internal and 
direct Taxes. 


Sales of lands. 


Ag-gregate 


of Receipts 


Tn each year. 


In each period of 
four years. 


1739-91 
1792 
1793 


$4,399,473 
3,443,071 
4,255,306 


$208,943 
337,706 




$4,399,473 
3,652,014 
4,593,012 


$3,051,437 




1794 


4,801,065 


274,090 




5,075,155 




1795 


5,533,461 


337,755 




5,926,216 




1796 
1797 


6,567,988 
7,549,650 


475,290 
575,491 


$4,836 
83,541 


7,048,114 
8,208,682 


22,642,497 




1798 


7,106,062 


644,353 


11.963 


7,762,383 




1799 


6,610,449 


779,136 




7,389,585 




1800 
1801 


9,030,933- 
10,750,779 


1,543,620 
1,582,377 


444 
167,726 


10,624,997 
12,500,882 


33,935,647 




1802 


12,433,236 


328,464 


188,623 


13,455,323 




1303 


10,479,418 


287,059 


165,676 


10,932,153 




1804 
1805 


11,093,565 
12,936,487 


101,139 
43,631 


487,527 
540,194 


11,687,231 
13,520,-312 


48,575,594 




1806 


14,667,698 


75,865 


765,246 


15,508,309 




1307 


15,845,522 


47,784 


466,163 


16,359.469 




1803 
1809 


16,363,550 
7,296,021 


27,370 
11,562 


647,939 
442,252 


17,038!859 
, 77749,835 


62,427,449 




1310 


8,583,309 


19,379 


696,549 


9,299,737 




1311 


13,313,223 


9,962 


1,040,238 


14,363,423 




1812 
1813 


8,958,778 
13,224,623 


5,762 
8,561 


710,428 
835,655 


9,674,968 
14,068,839 


41,087,963 




1814 


5,998,772 


3,882,482 


1,135,971 


11,017,225 




1815 


7,282,942 


6,840,733 


1,287,959 


15,411,634 




1316 
1317 


36.306,875 
26,283,343 


9,373,344 

4,512,283 


1,717,935 
1,991,226 


47,403,204 
32,786,862 


87,900,902 




1818 


17,176,385 


1,219,613 


2,606,565 


21,002,563 




1319 


20,283,609 


313,244 


3,274,423 


23,871,276 




1820 
1821 


15^005,612 
13,004,447 


137,847 
93,377 


1,635,872 
1,212,966 


16,779,331 
14,315,790 


94,440,032 




1322 


17,589,762 


88,017 


1,803,532 


19,481,961 




1823 


19,038,433 


44,530 


916,523 


20,049,536 




1334 
1825 


17,878,326 
20,098,714 


40,365 
28,102 


934,418 
1,216,090 


18,903,609 
21,342,906 


72,750,896 




1826 


23,341,332 


28,223 


1,393,785 


24,763,345 




1827 


19,712,233 


22,513 


1,495,845 


21,230,641 




1328 


23,205,524 


19,671 


1,013,309 


24,243,504 


91,580,396 



PUBLIC REVENUE. 



221 



1629 


.1);'.:2,681,960 


$25,838 


$1,517,175 


$24,224,979 




1830 


21,922,391 


29,141 


2,-329,356 


24,280,888 




1831 


24,224,442 


17,440 


3,210,815 


27,452.097 




1832 
1833 


23,465,237 
29,032,509 


18,422 
3,153 


2,623.381 
3,967,682 


31,107,040 
33,003,344 


$107,065,604 




1834 


16,214,957 


4,216 


4,857,601 


21,076,774 




1S35 


19,391,311 


14,723 


14,757,601 


34,163,635 




1836 
1337 


23,409,940 
11.109.290 


1,099 


24,877,180 
6,776,237 


'18,288,219 
17j945,527 


136,531,972 




1S;38 


16,153.800 




3,031,939 


19,240,739 




1839 


23.000,000 




6,141,330 


29,141,330 




1840 
Total, 


13,499,502 




3,292,286 


16.791,733 


83,129,334 


746,785,376 


34,995,340 


103,379,107 


890,169,323 





Loans negotiated, and Treasin 


■y Notes issued. 


Ve irs. 


Amount 


Years. 


Amount | 


In each year. 


In each period of 
four years. 


In ench year. 


In each period of 
(our years. 


1789-91 
1792 
1793 
1704 
1795 
1790 
1797 
1793 
1799 
1800 
1801 
1802 
1803 
1804 
1805 
1806 
1807 
1803 
1809 
1810 
1811 
1812 
1813 
1814 
1*15 
1816 


$5,791,113 

5,070,806 

1,067,701 

4,609,197 

3,305,268 

362,800 

70,136 

308^574 

5,074,646 

1,602,4.35 

10,125 

5^597 

9,533 
123,815 
48,998 

1,822 

2,7.59,992 
8,309 
12,837,900 
26,184,435 
23,377,912 
35,264^321 

9,'494,4.36 


$10,861,919 


1817 

1318 
1819 
1820 
1821 
1822 
1823 
1824 
1825 
1826 
1827 
1828 
1829 
1830 
1831 
1832 
18.33 
18.34 
1835 
1836 
1337 
1838 
1839 
1840 


i$734,543 

8,765 

2,291 

3,040,324 

5,000,324 

5,000,000 
5,000,000 

2,992,939 

12,716,821 

3,857,276 

5,539,548 

Total, 


$3,786,423 


9,344,966 


10,000,324 


7,055,791 


5,000,000 


25,255 




179,535 




15,606,201 


25,156,634 


94,321,104 1 


181,338.152 



19a 



222 



EXPENDITURES. 



XV. Statement of the Expenditures of the United States, exclu- 
sive of payments on account of the Public Debt, and from 
Trust Funds. 



Years. 


Civil list, foreign 

intercourse, and 

miscellaneous. 


Military 
establishment.* 


Naval 
establishment. 


Aggregate ot 


Expenditures 


In each year. 


In each period of 
four years. 


1789-91 


$1,033,401 


$335,618 


$570 


$1,919,539 




1792 
1793 


654,257 
472,450 


1,223,594 
1,237,620 


53 


1,377,904 
1,710,070 


$3,797,493 




1794 


705.593 


2,733.540 


61,409 


3,500,547 




1795 


1,367^037 


2,573,059 


410,562 


4,350,653 




1796 
1797 


772,485 
1,246,904 


1,474,661 
1,194,055 


274,784 
382,632 


2,521,930 
2,823,591 


12,083,205 




1798 


1,111,038 


2,130,837 


1,381,343 


4,623,223 




1799 


1,039,392 


2,582,693 


2,858,032 


6,480,167 




1800 
1801 


1,337,613 
1,114,763 


2,625,041 
1,755,477 


3,448,716 
2,111,424 


7,411,370 
4,981,669 


21,333,351 




1802 


1,462,929 


1,358,589 


915,562 


3,737,030 




1803 


1,342,630 


944,958 


1,21.5,231 


4,002,825 




1804 
1805 


2,191,009 

3,768,533 


1,072,017 
991,136 


1,139,833 
1,597,500 


4,452,859 
6,357,224 


17,174,433 




1806 


2,891,037 


1,540,431, 


1,649,541 


6,031,109 




1807 


1,697,897 


1,564,611 


1,722,064 


4,934,572 




1803 
1809 


1,423,236 
1,215,304 


3,196,935 
3,771,109 


1,884,068 
2,427,759 


6,504,339 
7,414,672 


23,927,244 




1810 


1,101,145 


2,555,693 


1,654,244 


5,311,082 




1811 


1,367,291 


2,259,747 


1,965,566 


5,592,604 




1812 
1313 


1,633,038 
1,729,435 


12,187^046 
19,906,362 


3,959,365 
6,446,600 


17,329,499 
23,032,397 


36,147,857 




1814 


2,208,029 


20.603,366 


7,311,291 


30,127,636 




1815 


2,893,871 


15,394,700 


8,660,000 


26.953,571 




1816 
1817 


2,939,742 
3,513,937 


16,475,412 
8,621,075 


3,903,278 
3,314,.598 


23.373,432 
15,454,610 


103,537,036 




1818 


3,835,839 


7,019,140 


2,953,695 


13,808,674 




1819 


3,067,212 


9,385,421 


3,847,640 


16,300,273 




1820 
1821 


2,592,022 

2,22.3,122 


6,154,518 
5,181,114 


4,337,990 
3,319,243 


13,134,530 

10,723,479 


53,698,037 




1822 


1,967,996 


5,6-35,137 


2,224,459 


9,827,642 




1823 


2,022,094 


5,258,295 


2,503,766 


9,734,155 




1824 
1325 


7,155,303 
2,748,544 


5,270,255 
5,692,831 


2,904,532 
3,049,034 


15,330,145 
11,490,459 


45,665,421 




1826 


2,600,178 


6,24.3,236 


4,218,902 


13,002,316 




1827 


2,314,777 


5,675,742 


4,263,373 


12,254,397 




1828 


2,336,052 


5,701,203 


3,918,736 


12,506,041 


49,313,213 



* For the items included under this head, see page 196 of the text. 



EXPENDITURES. 



223 



1829 


$3,092,214 


$6,250,530 


$3,308,745 


$12,651,439 




1830 


3,223,416 


6,752,639 


3,239,429 


13,220,534 




1331 


3,064,340 


6,943,239 


3,356,183 


13,863,763 




1332 
133:3 


4,574,341 
5,051,739 


7,932,377 
13,096,152 


3,956,370 
3,901,357 


16,514,083 
22,049,293 


$56,249,379 




1334 


4,399,779 


10,064,423 


3,956,260 


18,420,467 




1835 


3,?20,167 


9,420,313 


3,364,939 


17,005,419 




1336 
1337 


5,383,371 
5,.524,253 


13,466,110 
19,417,274 


5,300,763 
6,352,060 


29,055,244 
31,793,587 


87,130,428 




1838 


5,666,702 


19,936,312 


5,941,381 


31,544,395 




1339 


5,026,644 


13,546,071 


6,182,294 


24,755,009 




1840 
Total, 


5,492,031 


10,366,236 


6,031,039 


22,389,356 


110,432,347 


132,537,364 


342,773,605 


155.234,075 


630,545,044 



Years. 


In each year. 


In each period of 
lour years. 


Years. 


In each year. 


In each period of 
four years. 


1789-91 
1792 
1793 
1794 
1795 
1796 
1797 
1793 
1799 
1300 
1801 
1802 
1303 
1804 
1305 
1306 
1807 
1303 
1309 
1810 
1811 
1812 
1313 
1814 
1315 
1316 


$ 5,237,950 
7,263,666 
5,819,505 
5,801,573 
6^084, 412 
5,335,846 
5.792,422 
3^990,294 
4,596,877 
4,578,370 
7,291,707 
9,539,005 
7,256,159 
8,171^787 
7,369,890 
8,939,335 
6,307,720 

10,260,245 
6,452,554 
8,0(^,904 
8,009,204 
4,449,622 

11.109.123 
7j90o'.544 

12,623^922 

24,871^063 


$12,551,616 


1817 
1318 
1819 
1820 
1821 
1822 
1823 
1824 
1825 
1826 
1827 
1823 
1829 
1330 
1831 
1832 
1833 
1834 
1835 
1836 
1837 
1838 
1839 
1340 


$25,423,036 

21,296,202 

7,703,926 

8,623,494 

8,367,094 

7,848,949 

5,53o',016 

■ 16,563,394 

12,09.5,345 

11,041,032 

10,003,663 

12,163,438 

12,383,368 

11,355,743 

16,174,378 

17,840,309 

1,543,543 

6,179,565 

53,191 

21,823 

5,605,720 

10,906,413 

5,474,119 

Total, 


$63,051,658 


2.3,541,341 


38,314,453 


18,957,963 


45,303,5a3 


32,258,658 


57,754,303 


32,927,740 


7,781,299 


26,920,284 


22,0(«,080 


56,508,652 


437,879,580 



19b 



224 



COINAGE AND GOLD. 



XVI. Statement of 


f^e Coinage at the Mint of the United States. 


Years. 


Number of Pieces. 


Value. 


Years. 


Number of Pieces. 


Value. 


1793-5 


1,834,420 


$453,542 


1819 


5,074,723 


$1,425,325 


1796 


1,219,370 


192,130 


1820 


6,492,509 


1,364,786 


1797 


1,095,165 


125,524 


1821 


3,139,249 


1,013,977 


1798 


1,368,241 


545,598 


1822 


3,81.3,788 


915,510 


1799 


1,365,681 


645,907 


1823 


2,166,485 


967,975 


1800 


3,337,972 


571,335 


1824 


4,786,394 


1,358,297 


1801 


1,571,390 


510,956 


1825 


5,178,760 


1,735,894 


1802 


3,615,869 


516,076 


1826 


5,774,434 


2,110,679 


1803 


2,730,830 


370,693 


1327 


9,097,845 


3,024,243 


1804 


2,046,839 


371,328 


1823 


6,196,853 


1,741,381 


1805 


2,260,361 


333,240 


1829 


6,684,501 


2,306,375 


1806 


1,815.409 


801,034 


1830 


8,357,191 


3,155,620 


1807 


2,731,345 


1,044,-596 


1331 


11,792,284 


3,923,474 


1808 


2,935,833 


982,055 


1332 


9.123,387 


3,401,055 


1809 


2,861,334 


634,753 


18.33 


10,307,790 


3,765,710 


1810 


3,056,413 


1,155,368 


1834 


11,637,643 


7,388,423 


1811 


1,649,570 


1,103,741 


1835 


15,996,342 


5,668,667 


1812 


2,761,646 


1,115,220 


1336 


13,719,333 


7,764,900 


1813 


1,755,331 


1,102,271 


1337 


13,010,721 


3,299,898 


1814 


1,833,859 


642,536 


1838* 


15,780,311 


4,206,540 


1815 


63,867 


20,483 


1339* 


11,311,594 


3,576,467 


1816 


2,388,135 


56,786 


1840* 


10,558,240 


3,426,632 


1817 
1818 


5,163,967 
5,537,034 


647,267 
1,345,065 


1841* 
Total, 


8,811,968 


2,240,322 


256,373,336 


86,331,209 



Gold of the United States deposited for Coinage. 



Tears. 


Amount Deposited 


Ag-gregate in 
each year. 




At the Mint 


at Philadelphia, from 




At the Branch 
Mints. 


Vir^nia. 


North 
Carolina. 


South 
Carolina. 


Georgia. 


Other 
States. 


1829 


$2,500 


$134,000 


$3,500 








$140,000 


1830 


24,000 


204,000 


26,000 


$212,000 






466,000 


1831 


26,000 


294,000 


22,000 


176,000 


$2,000 




520,000 


1832 


34,000 


458,000 


45,000 


140,000 


1,000 




678,000 


1833 


104,000 


475,000 


66,000 


216,000 


7,000 




863,000 


1834 


62,000 


380,000 


33,000 


415,000 


3,000 




893,000 


1835 


60,400 


263,500 


42,400 


319,900 


12,300 




693,500 


1836 


62,000 


148,100 


55,200 


201,400 


300 




467,000 


1837 


52.100 


116,900 


29,400 


63,600 






282,000 


1838 


55,000 


66,000 


13,000 


36,000 


1,700 


$263,400 


435,100 


1839 


57,600 


53.500 


6,300 


20,300 


800 


246,740 


385,240 


1840 


38.995 


36,804 


5,319 


91,113 


4,535 


249,419 


426,185 


1841 

Total, 


25,7.36 


76,431 


3,440 


139,796 


3,075 


293,639 


542,117 


604,331 


2,815,2.35 


355,559 


2,051,109 


35,710 


1,053,198 


6,806,142 



* Including the coinage of the Branch Mints. 



INDEX. 



Actions, civil, proceedings in, 54. 
Trial of, 5S. 

Adjournment, motion for, 35. 

Ad valorem duties, 1S5. 

Agents, Indian, 123. 

Aliens, IGG. 

Alloy in coins, 19S. 

Ambassadors, 160. 

Amendments, to bills, 36, 37, 39. 
Of the constitution of the 
United States, 23. 

American Colonial governments, 
15. 

Appearance, entry of, 56. 

Appellate jurisdiction, 94. 

Apportionment of Representa- 
tives in Congress, 77, 210. 

Appraisers, 18G, ISS, 190. 

Approval of Laws, by the Exec- 
utive, 39, 109. 

Aristocracy, 12. 

Army, of the United States, 124, 
216. 

Arraignment of criminals, 68. 

Arrest, in criminal cases, 63. 

Articles, of confederation, 19. Of 
impeachment, 74. 

Assignee, in bankruptcy, 177. 

Assignment of counsel to crim- 
inals, 69. 

19c 



Attainder, bill of, 91. Of trea- 
son, 92. 

Attorney General, 48. Of the 
United States, 100. 

Attorneys, and counsellors, 48. 
District, 48, 100. 

Auditors, of the treasury, 116, 
119. 

B. 

Bail, 64. When receivable, 64. 

Bank, book, 202. Bills, 202. 

Bankruptcy, proceedings in, 175. 
Voluntary and compulsory, 
176. Assignee in, 177. Com- 
missioners in, 17S. 

Banks, different offices of, 201. 
Bills of, 202. 

Biennial Register, 114. 

Bill, of indictment, 67. Finding 
of, 68. Of lading, 163. 

Bills, introduction of, into the 
house, 31 . Commitment of, 32. 
Proceedings upon, in commit- 
tees, 32. Readings of, 31, 36. 
Debate upon, 37, 38. Engross- 
ment and passage of, 3S. En- 
rolment of, 39. Readings of, 
in Congress, 86. Bank, 202. 

Blue book, 114. 

Blockade, 166. 



226 



INDEX. 



Bounty lands, 122. 
Branches, of the mint, 197. 
Brevet rank, 125. 
Bullion, gold and silver,deposited 

at the mint, 199. 
Bureaus, in the departments, 110. 

In the department of state, 112. 

In the navy department, 121. 
Business, order of, in legislative 

assemblies, 33. In Congress, 

65. 



Cabinet, of the President, 110. 

Cadets, at the Military Academy, 
127, 128, 216. 

Call, of the house, 85. 

Capias, 6S. 

Capital trials, 71. 

Capitation tax, 92. 

Cargo, in whose keeping, 183. 

Casting vote, 42. 

Census, 77. 

Chairman of committees, 32. 

Challenge, of jurors, 57, 71. 

Chancellor, 48. 

Chancery, courts of, 46, 47. 

Chaplains, of Congress, 82. 

Charges d' Affaires, 161. 

Charge, to jury, 59, 66, 72. 

Charter governments, 17. 

Checks, 202. 

Circuit courts of the United 
States, jurisdiction of, 95. Ses- 
sions of, 98, 218. 

Circuits, judicial, 98, 218. 

Circulation, banks of, 201. 

Civil, actions, 54. List, 222. 

Clearance, of vessels, 182. 

Clerk, of the House of Repre- 
sentatives, 29, 82. 

Clerks, of courts, 48, 62. Of the 
courts of the United States, 
180. 

Clothing, in the army, 126. 

Coinage, at the mint, 198, 224. 

Coins, standard of, 198. For- 
eign, 199. 

Collection districts, 188. 

Collectors, of customs, 188. 



Colonial governments, 15. 

Colonies, American, 15. 

Color, laws respectingpersons of, 
174. 

Commissioner, of Pensions, 122. 
Of Indian Affairs, 123. Of pa- 
tents, 144. Of the general land 
office, 154. 

Commissioners, former board of, 
for the navy, 121. In bank- 
ruptcy, 178. 

Commitment, of bill, 32. Of 
prisoner, 65. 

Committees, of legislative bodies, 
30, 32. Chairman of, 32. Of 
Congress, 84. 

Committee of the whole, 30, 86. 

Commodore, 129. 

Common law, 45. 

Companies, incorporated, 201. 

Compromise act, 195. 

Comptrollers of the treasury, 116, 
119. 

Concurrent vote, 79. 

Confederation, articles of, 19. 

Congress, continental, IS. 

Congress, of the United States, 
76. Organization of, SO. Ses- 
sions of, SO, 212. Officers of, 
82. Privileges of, S3. Com- 
mittees of, &4. Rules of pro- 
ceeding in, S4. Powers of, 89. 
Prohibitions upon, 91. 

Consignment, of goods, 183. 

Consignor and consignee, 183. 

Constables, 50. 

Constitutional questions, how 
settled, 44, 95. 

Constitution of the United States, 
formation of, 21. Adoption of 
by the States, 22. Amendments 
of, 23. Nature of, 23. 

Constitutions of the States, 24, 
205. 

Consuls, 161. 

Continental Congress, IS. 

Contraband of war, 165. 

Contracts for conveying the mail, 
134. 

Convention, at Philadelphia, 21. 



INDEX. 



227 



Conviction, of criminals, 73. 

Copyrights, 147. 

Coroners, 50. 

Corporations, 200. Public, 200. 
Private, 201. 

Corruption of blood, 92. 

Costs, of suits, 60. 

Council, executive, 41. 

Counsel, in civil actions, 59. In 
criminal cases, G9, 72. 

Counsellors and attorneys, 48. 

County solicitors, 48. 

Court, meaning of, 47. 

Courts, various kinds of, 45. Or- 
ganization of, 47. Of the Uni- 
ted States, 94, 97. Of the Ter- 
ritories, 99. 

Crier, of the court, 50. 

Criminal prosecutions, 63. 

Criminals, indictment of, 07. 
Arraignment of, 6S. Pleas of, 
69. Trial of, 70. Conviction 
of, 73. 

Cross-examination, of witnesses, 
58. 

Crown, 16. 

Customs, 194. 

D. 

Damages, in actions, 55. As- 
sessment of, 60. 

Dead letters, 138. 

Debate, rules of, 33. In Con- 
gress, 86. 

Debenture, 184. 

Declaration, of Independence, 19. 
In actions, 55. Of war, 164. 

Default, 56. 

Defendant, in a suit, 55. 

Delegates, in Congress, 78. 

Delivery, ports of, 180. Of car- 
go, 187. 

Democracy, 12. 

Departments, executive, 110. 

Department, of state, 112. Of 
the treasury, 115. Of war, 
120. Of the navy, 120. Of 
the post office, 132. 

Deposit, of money with the 
States, 193. Of bulUon at the 



mint, 1 99, Banks of, 201 . Of 
money at banks, 202. 

Deputy sheriffs, 49. 

Despotism, 12. 

Direct taxes, 92, 192. 

Director, of the mint, 197. 

Discount, banks of, 201. 

Discounting, 201. 

Discriminating duties, 163. 

Distributing post offices, 137. 

Distribution of proceeds of the 
public lands, 158, 193, 194. 

District attorneys, 48. Of the 
United States, 100. 

District courts, jurisdiction of, 
96. Sessions and judges of, 
99, 218. 

District judges, salaries of, 99, 
218. 

Districts, judicial, 99, 218. Col- 
lection, 188. 

Dividends, 202. 

Docket, of court, 56. 

Doorkeepers, 29. To Congress, 
82. 

Drawback, 184. 

Duties, 90. Discriminating, 163. 
On Imports, 184, 194. Ad va- 
lorem and specific, 185. How 
estimated, 186. Collection of, 
188. Internal, 192. Tariffs of, 
195. On goods imported in 
foreign vessels, 196. 

E. 
Elections, for Representatives in 

Congress, 78. 
Electors, qualifications of, 26, 

205. Of President and Vice 

President, 102. 
Embargo, 164. 
Enrolment, of vessels, 180. 
Entering appearance, 56. 
Entry, of actions, 56. Ports of, 

ISO. Of goods, 185. 
Equity, courts of, 46. 
Examination of witnesses, 58. 

On criminal charges, 64. 
Excises, 90. 
Exclusive jurisdiction, 94. 



228 



INDEX. 



Execution, writ of, 61, Return 

of, 62. 
Executive departments, 110. — 

Heads of, 110. When offices 

of to be open, 111. 
Executive power, in the colonies, 

16. In the States, 41, 208. 
Expenditures, of the United 

States, 196, 222. 
Ex post facto laws, 91, 93. 
Extra sessions, of Congress, SO. 

F. 

Federal population, 172. Frac- 
tions of, 211. 

Felony, 90. 

Final process, 62. 

Fire, insurance against, 203. Mu- 
tual insurance companies, 203. 

Florida, cession of, 153. 

Forage, allowed to officers, 126. 

Foreign, ministers, 160. Coins, 
199. Intercourse, 222. 

Foreman, of jury, 53, 54, 60, 68. 

Forfeiture, 92. 

Fractions, of federal population, 
at each apportionment of Rep- 
resentatives in Congress, 77, 
211. 

Franking, privilege of, 142. 

Fugitives, from justice, 25. From 
labor, 25, 173. 

Furlough, 130. 

G. 

General land office, 154. Com- 
missioner, and recorder of, 154. 
Solicitor of, 155. 

Gold deposited at the mint and 
branches, 199, 224. 

Gold coins, of the United States, 
198. Foreign, 199. 

Goods, shipment of, 183. Entry 
of, 185. Landing of, 187. 

Governments, different kinds of, 
11. Popular, formation and na- 
ture of, 13. American colo- 
nial, 15. Of the United States, 
and the States, 24. 



Governors, under the colonial 
governments, 16. Of the 
States, 41. Qualifications and 
duties of, 41, 208. 

Grand juries, 51. How com- 
posed, 53. Oath of, 53. 

H. 

Habeas corpus, writ of, 65, 66. 
Not to be suspended, unless, 
91. 

Heads of departments, 110. Re- 
ports of, 111. 

High seas, 90. 

Hospitals, marine, 131. 

House, meaning of the term, 
30. 

House of Representatives, in the 
States, 27. Of the United 
States, 76, 81, 210. 



Impeachments, 74. 
Importation, of persons, 169. 
Imports, duties on, 184, 195. 
Imposts, 90. 

Incorporation, acts of, 201. 
Incorporated companies, 201. 
Independence, declaration of, 19. 
Indian affairs, commissioner of, 

123. Superiptendents of, 123. 
Indian, agents, sub-agents, and 

interpreters, 123. Country, 

123, 124, 153. 
Indians, removal of, 124. 
Indictment, of criminals, 67. 
Inferior officers, of the United 

States, how appointed, 108. 
Inquests, of coroners, 50. 
Inquisition, 50. 
Insolvent laws, 175. 
Inspectors, of customs, 1S7, 190. 
Insurance, 202. Different kinds 

of, 203. Policy of, 202. 
Iirternational relations, 163. 
Interpreters, Indian, 123. 
Invoice, of goods, 183. 
Issue, in actions, 57. Of law and 

of fact, 57. 



229 



Joint ballot, 41, 79. 

Journal, of legislative bodies, 29. 
Of the houses of Congress, S3, 
84. 

Judges, office of, 47. Appoint- 
ment and salaries of, 4S, 209. 
Of the courts of the United 
States, 97, 209, 218. 

Judgment, in civil actions, 60. In 
impeachments, 75. 

Judgment debtor, (31. 

Judicial power, in the colonies, 
17. Office of the, 44. Of the 
United States, 94. 

Judicial, circuits, 9S. Districts, 
99. 

Jurisdiction, of the supreme 
court of the United States, 94. 
Of the circuit courts, 95. Of 
the district courts, 9(3. 

Juries, different kinds of, 51. Con- 
stitution of, 51. Grand, 51, 53, 
66, 67. Petit, 51, 54. In civil 
actions, 57, 59. For criminal 
trials, 70, 72. Verdict of, 60, 73. 

Jurors, selection of, 51, 52. Oath 
of, 53, 57, 71. Challenge of, 
57, 71. May be witnesses, -59. 
In the courts of the United 
States, 97. 

Jury, trial by, in what cases, 96. 
In the courts of the United 
States, 97. 

Justices of the peace, 46. 



Land offices, 155. 

Lands, public, how surveyed and 
divided, 157. Sales of, 15S. 
Proceeds of sales of, 158, 193. 

Law, common, 45. Courts of, 
46. Issue of, 47. Of nations, 91. 

Laws, enactment of, 36. Ap- 
proval of, 39, 109. Ex post 
facto, 91, 93. Of the United 
States, how published and dis- 
tributed, 113. Preemption, 1. 59. 
Bankrupt and insolvent, 175. 

Laying on the table, 36. 



Leave of absence, in the navy, 
130. 

Legation, secretaries of, 161. 

Legislative power, in the colo- 
nies, IS, In the States, 27. 
Of the United States, 76. 

Legislatures, meetings and offi- 
cers of, 29, 207. Organization 
powers and privileges of, 29. 

Letters of marque and reprisal, 
91, 164. 

Letters, way, 135. Conveyed 
by ship, 135. How disposed 
of at post offices, 137. Post- 
age of, 140. Publication of list 
of, 149. 

Liberty, natural and civil, 15. 

Lieutenant Governor, presides 
in the Senate, 29. Office of, 42. 

Life insurance, 203.- 

Loans, 193. 

Louisiana, purchase of, 152. 
Slavery prohibited in a part 
of, 153. 

M. 

Magazines, postage on, 141. 

Mail, carriage of the, 133. Con- 
tracts for carrying the, 134. 

Majority, 41. 

Managers, in cases of impeach- 
ments, 15. 

Manifests, 171, ISO. 

Manufactures, protection of, 195. 

Manuscripts, publication of, 14S. 

Marine, hospitals, 131. Corps, 
132, 217. Insurance, 203. 

Marque and reprisal, letters of, 
91, 1(34. 

Marshals, in the courts of the 
United States, 101. 

Meetings, of legislatures, 29, 207. 

Memorandum, written on papers, 
142. 

Mesne process, 62. 

Migration, of persons, 169. 

Military, Academy, at West 
Point,r27. Establishment,222. 

Ministerial officers of courts, 49. 

Ministers, foreign, 160. Resi- 
dent, 161. 



230 



Mint, of the United States and 
its branches, 197. OiRcers of, 
197. Coinage of, 198, 224. 
Gold deposited at, 199, 224. 

Mittimus, 65. 

Monarchy, 12. Absolute and 
limited, 12. 

Mutual insurance companies, 
203. 

N. 

National government, 24. 

Nations, law of, 91. Neutral, 
165. 

Naturalization, 167. 

Naval, officers, of the customs, 
1S9. Storekeepers, 131. Es- 
tablishment, expense of, 222. 

Navigation, 179. 

Navy, department of the, 120. 
Secretary of, 120. Bureaus 
of, 121. Agents, 131. Yards, 
131. 

Navy of the United States, force 
of the, 128. Officers of the, 
129. 

Negative, executive, upon law^s, 
39, 109. 

Neutral nations, 165. 

Nevs'spapers, postage on, 142. 

New States, admission of, 149. 

Nominations of officers, by the 
executive, 42, 88. 

Nonsuit, 60. 

Notes, treasury, 192. 

O. 

Oath, of public officers, 26. Of 
grand jurors, 53. Of petit ju- 
rors, 57. 71. Of the President 
of the United States, 107. In 
the army, 124. In the post of- 
fice department, 132. 

Obligation, to keep the peace, 
62. 

Officers, public, 26. Of legisla- 
tive bodies, 29. Of courts, 47. 
Of Congress, 82. Nomina- 
tions of, 42, 88. Of the Unit- 
ed States, how appointed, and 



how removable, 108, 110. Of 
the army, 125, 216. Of the 
navy, 129, 217. Of the reve- 
nue, 188. Of the mint, 197. 

Oligarchy, 12. 

Opinion, of the court, 45. 

Order of business and debate, 33. 
In Congress, 85. 

Orders of the day, 35. In the 
Senate of the United States, 85. 

Ordinance, of 1787, 152, 172. 

Organization, of courts, 47. Of 
Congress, 81. 

Original jurisdiction, 94. 

Orphans' courts, 47. 

P. 

Pamphlets, postage on, 141. 

Panel, of jurors, 52. 

Pardoning power, 76. 

Parliamentary rules, 33. 

Patent office, 144. Officers of, 
144. Burnt, 146. 

Patents, commissioner of, 144. 
How obtained, 144, 146. Form 
of, 146. Penalty for violation 
of, 147. For lands, 155. 

Pay, of senators and representa- 
tives, 28, 206. Of members of 
Congress, 82. Of Governors, 
41, 208. Of the President and 
Vice President, 109. Of Judges, 
48, 209, 218. Of clerks, and 
sheriffs, 49, 50. Of officers of 
the courts of the United States, 
100. Of postmasters, 137. 
Of officers of the revenue, 189, 
190. In the army, 126, 216. 
In the navy, 130, 217. 

Pensions, laws relative to, 122. 
Commissioner of, 122. 

Permit, 171, 186. 

Petit juries, 51. How compos- 
ed, 54. Oath and office of, 57, 
71. Verdict of, 60, 73. 

Petitions, presentation of in Con- 
gress, 85. In bankruptcy, 176. 

Piracy, 90. 

Plaintiff, in a suit, 55. 

Pleadings, in actions, 48, 57. 



INDEX. 



231 



Plurality, 41. 

Policy, of insurance, 202. * 

Poll tax, 92. 

Popular governments, formation 
and nature of, 13. 

Ports, of entry, ISO. Of deliv- 
ery, ISO. 

Postage, rates of, 140. 

Post captain, 130. 

Post office department, 132. Au- 
ditor of the treasury for, 117. 
Revenue and expenditures of, 
133, 219. 

Postmaster General, duties of 
the, 132. 

Postmasters, appointment and 
duties of, 136. Compensation 
of, 137. Penalties upon for 
violations of post office laws, 
139. Have the privileges of 
franking, 143. 

Postponement, motion for, 3(3. 

Powers of Congress, S9. 

Pre-emption laws, 159. 

Presentment, by a grand jury, 67. 

President of the United States, 
qualifications and choice of, 
101. Electors of, 102. Votes 
for, how returned and counted, 
103. Choice of, by the House 
of Representatives, 104, 10-5. 
Successor in case of vacancy, 
105. New election for, 105. 
Inauguration and oath of, 107. 
Powers of, 107. Compensa- 
tion of, 109. 

President, of the Senate, 29. 
Pro tempore, of the Senate of 
the United States, SI. 

Presiding officers, duties of, 34. 
In Congress, when may vote. 
87. 

Previous question, 35. 

Privateers, 165. 

Private letters, publication of, 
149. 

Privileged questions, 3-5. 

Privilejjes of legislative bodies, 
29. Of Congress, 83. 

Prize money, 165. | 



Probate, courts, judges and reg- 
isters of, 46. 

Proceeds of public lands, 1-58, 
193, 194. 

Process, 49, 6S. Mesne, and 
final. 62. 

Prohibitions, upon Congress, 91. 
Upon the States, 93. 

Proprietaries, 16. 

Proprietary governments, 16. 

Prosecution, criminal, 63. 

Provincial governments, 16. 

Publication, of laws of the Uni- 
ted States, 113. Of mail con- 
tracts, 133. Of list of letters, 
138. Of manuscripts, 148. 

Public domain of the United 
States, 157. 

Public lands, surveying and divis- 
ion of, 1.57. Sales of, 15S, 193. 
Proceeds of, 1-58, 193, 194. 

Public officers, 26. 

Publishers of the laws, compen- 
sation of, 114. 

Q. 

Qualifications, of electors or vo- 
ters, 26, 205. Of Senators and 
Representatives, 28, 206. Of 
Governors, 41, 208. Of mem- 
bers of Congress, 76, 79. Of 
President of the United States, 
101. 

Questions, of order, 34. In what 
order put, 35. Privileged, 35. 
On readings of bills, 37. On 
the passage of laws, 38. 

Quorum, 23. In the State legis- 
latures, 29. In Congress, S3. 

R. 

Rates of postage, 140. 

Rations, in the army, 126, 127, 

216. In the navy,'l30, 131. 
Readings of bills, 31, 36. In 

Congress, 86. 
Receivers of public money, 155. 
Recognizance, of witnesses, 65. 
Reconsideration of a vote, 39. 

In Congress, 87. 



232 



INDEX. 



Record of cases, 62. 

Recorder, of the general land 
office, 154. 

Register, of wills, 46. Of pro- 
bate, 46. Of the treasury, 118. 
Of land offices, 155. 

Registry, of vessels, 179. 

Removal, of officers of the United 
States, 108. Of Indians, 124. 

Reporter, of decisions, 49. 

Reports, of committees, 33. Of 
cases, 45, 49. In Congress, 
85. By heads of departments, 
111. Of the arrival of vessels, 
181, 189. 

Representatives, in State legis- 
tures, 27. Qualifications and 
pay of, 28, 206. 

Representatives in Congress, 
qualifications of, 76. Appor- 
tionment of, 77, 21C. When 
and how chosen, 76, 78. Pay 
of, 82. 

Republicanism, 12. 

Return, of venire, 52. Of writ, 
55. Of execution, 62. Of 
writ of habeas corpus, 66. 

Revenue, officers of the, 188. 
Cutters and boats, 190. Of 
the post office department, 133, 
219. Of the United States, 
191, 220. Surplus, 193. 

Rules, of proceeding and debate, 
33. In Congress, 84. 



Sales of public lands, 158. Pro- 
ceeds of, 158, 193, 194. 

Seal, of the States, 43. Of the 
United States, 113. 

Secretary, of the Senate, 29, 82. 
Of state, in the States, 43. Of 
state, of the United States, 112. 
Of the treasury, 115. Of war 

120, 121. Of "the navy, 120, 

121. To the President, to 
sign patents, 154. Of lega- 
tion, 161. 

Sections, of the public lands, 1 58. 
Senate of the United States, how 



constituted, 78. Organization 
of 81. Secretary of, 82. 

Senates, of the States, 27. 

Senators, in Congress, when and 
how chosen, 78, 79. In the 
State legislatures, 28, 206. 

Sergeant at arms, 29. 

Service, of writs, 55. 

Sessions, of State Legislatures, 
29, 207. Of Congress, 80. 

Sheriffs and deputies, 49. 

Shire town, 49. 

Silver coins, 198, 199. 

Slavery, introduced into the col- 
onies, 169. Prohibited in a 
part of the territory of the 
United States, 152, 153, 172, 
174. Laws relative to, 173. 
Where it exists, 174. 

Slave trade, 169. Foreign, 170. 
Domestic, 171, 174. 

Slaves, fugitive. 25, 173. Rep- 
resentatives for, 172, 210. 

Social compact, 14. 

Solicitor, of the treasury, 119. 
Of the general land office, 155. 

Solicitors, county, 48. 

Speaker, of the house of Repre- 
sentatives, 29, 81. 

Specific duties, 185. 

Squatters, 159. 

State, governments, 24. Depart- 
ment of. 112. Secretary of, 
43,112. ' 

States, constitutions of the, 24, 
205. Restrictions upon the, 
93. New, admission of, 149. 

Statutes, when they take effect, 
40. 

Stockholders, in companies, 201, 
202. 

Subpcena, for witnesses, 58. 

Suffrage, 13. 

Summons, for a party, 55. For 
a witness, 58. 

Supercargo, 183. 

Supernumerary jurors, 54. 

Supreme court of the United 
States, jurisdiction of, 94. 
Judges and sessions of, 93. 



INDEX. 



233 



Supreme courts, 43. 

Surplus revenue, 193. 

Surrogate, 46. 

Surveyors, general, of public 
lands, 157, 215. Of ports, 
1S9. 

Sw^earing the peace against one, 
62. 

T. 

Talesmen, 53. 

Tariffs of duties, 195. 

Taxation, power of in Congress, 
89, 90. 

Taxes, different kinds of, 90, 92. 
Direct, 92, 192. 

Tender, in payment of debts, 
197, 199. 

Territories, allowed a delegate 
in Congress, 78. Courts of, 
99. Governments of, 153. 

Territory, public, subject to dis- 
position of Congress, 152. 

Townships, 158. 

Traverse juries, 51. 

Treason, against the United 
States, 92. Attainder of, 92. 

Treasurer, in the States, 43. Of 
the United States, 117. 

Treasury, department of the, 
115. Secretary of, 115. Reg- 
ister of, 118. Solicitor of, 119. 
Notes, 192. 

Treaties, consideration of in the 
Senate, &S. How made, 163. 

Trial, of civil actions, 5S. In 
criminal cases, 70. Of Im- 
peachments, 75. 

U. 

Underwriter, 202. 

United States, independence of 
the, acknowledged, 20. Con- 
stitution of the, 21. 

Universal suffrage. 13. 



Venire, for jurors, 51. Return 
of, 52. 



Verdict of jury, 57. In civil 
actions, 60. In criminal ca- 
ses, 72, 73. 

Vessels, of war, 128. Of the 
United States, 179, 196. Reg- 
istry of, 179. Enrolment of, 
ISO. Entry of, ISO. Clear- 
ance of, 182. 

Vetoes, executive, 109. 

Vice President of the United 
States, presides in the Senate, 
81. How chosen, 101. When 
chosen by the Senate, 104, 105. 
Succeeds to the office of Pres- 
ident in case of vacancy, 105. 
Compensation of, 109. 

Violations, of post office laws, 
1.34, 139. Of patents, 147. Of 
laws respecting the slave trade, 
171. Of the revenue 'laws, 
187. 

Viva voce, voting, 81 . 

Vote, concurrent and joint, 79. 

Voters, qualifications of, 26, 205. 

Voting, by yeas and nays, 87. 

W. 

War, department of, 120. Sec- 
retary of, 120. Vessels of, 128. 
Declaration of, 164. 

Warrant, of arrest, 63. Of com- 
mitment, 65. 

Warrant officers, 129. 

Way letters, 135. 

West Point, Military Academy 
at, 127. 

Witnesses, attendance and ex- 
amination of, 58. Recogni- 
zance of, 65. 

Writs, 49, 55. Service and re- 
turn of, 55. Entry of, 56. Of 
habeas corpus, 65. 

Y. 

Year, fiscal, of the treasury, 119. 

Of the post oflice, 134. 
Yeas and nays, voting by, S7. 



U-o 



l.EJa19 



